L. Maxwell Taylor’s Answers

L. Maxwell Taylor

Middlebury Litigation Lawyer.

Contributor Level 20
  1. I fell in a restaurant while out with friends. I didn't make a report. Do I still have a case?

    Answered 11 months ago.

    1. Chen Kasher
    2. Charles Joseph Michael Candiano
    3. Alan James Brinkmeier
    4. Steven Adam Sigmond
    5. Stephen Laurence Hoffman
    6. ···
    10 lawyer answers

    Every law student learns the elements of negligence, which consist of (1) a duty to another, (2) a negligent breach of that duty, which (3) proximately causes (4) damages. Duty, breach, causation, damages. The account you give above doesn't contain anything in it which makes me suspect the breach of a duty. People who consume alcohol, and even people who don't, sometimes fall down without the fault of anyone at all. Your account makes no suggestion at all that what happened to you is anyone...

    13 lawyers agreed with this answer

  2. Is it legal to take a playboy magazine image (circa 1967-74) reproduce it in bulk, place it on product and sell the product?

    Answered over 1 year ago.

    1. Paul Karl Siepmann
    2. L. Maxwell Taylor
    3. Bruce E. Burdick
    4. Edwin Drantivy
    5. Maurice N Ross
    5 lawyer answers

    Contact Playboy to find out if they will license the images to you. I expect none are in the public domain and all belong to the publication or its photographers. Moreover the models undoubtedly have rights of publicity in the depictions of their likenesses which would be implicated by the use you contemplate. Expect to get into expensive hot water if you proceed in the course of action you describe without explicit permission from the copyright holders. Not legal advice as I don't...

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  3. Is grocery store responsible for my fall?

    Answered 7 months ago.

    1. Thomas C Valkenet
    2. L. Maxwell Taylor
    3. David Herman Hirsch
    4. David Ian Schoen
    5. Francis M Smith
    6. ···
    11 lawyer answers

    If you didn't suffer any lasting harm, there's nothing worth suing for. It is expensive to present such cases, which require expert physician testimony about the extent of damages caused by another's negligence. If the cost of the expert testimony exceeds what might reasonably be recovered in the case, it's not worth bringing. The purpose of the law is to make injured parties whole. If there is no harm, there is no case. If there is only minor harm, the case should not be brought as it...

    12 lawyers agreed with this answer

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  4. Bought box of whoppers and I ate some. It tasted like I was eating a cigarette. Is hershey liable for any medical fees ,etc?

    Answered 7 months ago.

    1. Wendy Marie Schenk
    2. L. Maxwell Taylor
    3. Jeffrey Mark Adams
    4. Christian K. Lassen II
    5. Sagar P. Parikh
    6. ···
    10 lawyer answers

    Do not waste your time. Proof of medical damages requires expert testimony, i.e., physicians, at a cost of hundreds of dollars per hour. And "queasy" is nonspecific. It could be anything, really. The store will likely refund you for the whoppers if you have your receipt. And that's the end of it.

    12 lawyers agreed with this answer

  5. Why are most attorneys afraid to challenge social Security?

    Answered 10 months ago.

    1. J. Richard Kulerski
    2. L. Maxwell Taylor
    3. Mark Dean
    4. James William Nuebel
    4 lawyer answers

    Most social security disability lawyers I know are not afraid to take on a good social security case. The question is whether the facts are sufficient to support the determination you want. The more likely you are to lose based on the facts, the harder a time you are going to have hiring a lawyer to work on the basis of getting paid out of a recovery that is unlikely to happen.

    12 lawyers agreed with this answer

  6. Please explain Judicial Discretion and how it relates to gender, and self-litigant bias.

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Howard M Lewis
    3. Herb Fox
    4. Joshua Sachs
    5. Judy A. Goldstein
    6. ···
    6 lawyer answers

    bias Pro se litigants commonly mistake collateral matters of no significance for important issues, and vice-versa. Pro se litigants often take personally things that are impersonal. In no circumstance does a pro se litigant have a handle on a proceeding that may be described as "objective" or at least "disinterested." In my experience, significant, detectable bias on a judge's part is somewhat rare. Usually judges bend over backwards to give an appearance of impartiality. Not always,...

    12 lawyers agreed with this answer

  7. I need to know if i can take legal act on a law firm that get money for wrongful deaths. they made a ad about it.

    Answered over 1 year ago.

    1. Ian Thomas Valkenet
    2. Brandy Ann Peeples
    3. L. Maxwell Taylor
    4. David B Pittman
    5. Timothy Leo Bowden
    6. ···
    7 lawyer answers

    If you don't like the slime oozing out of your TV set, turn off the TV. But suing a law firm because their commercial seeking to attract those whose loved one suffered a wrongful death made you opt out of surgery? Not a chance. Every surgery carries risks, and the risk that you will die is one of those risks. Not legal advice as I don't practice law in Maryland or hold licensure there. It's just my two cents on the facts you describe based on knowledge of general principles of law. If...

    12 lawyers agreed with this answer

  8. I found a rubber glove and paper in my soft drink from Mcdonalds didnt know it had it until i opend the lid.. do i have a case..

    Answered over 1 year ago.

    1. L. Maxwell Taylor
    2. Adrienne Patricia Allen
    3. Jeffrey Mark Adams
    4. Judy A. Goldstein
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    The purpose of the law is to make injured parties whole. If there is no damage, there is no case.

    12 lawyers agreed with this answer

  9. Are Intentional Torts such as Abuse of Process, Malicious Prosecution,or Intentional Infliction of Emotional Distress Insurable?

    Answered 11 months ago.

    1. L. Maxwell Taylor
    2. Jeffrey Ira Schwimmer
    3. Christian K. Lassen II
    4. Daniel Nelson Deasy
    5. Andrew Daniel Myers
    6. ···
    9 lawyer answers

    Insurance is basically for negligence. As a general principle of law, one can't insure against intentional torts. Otherwise I could simply go buy, say, assault and battery insurance, and then haul off and slug anybody who rubbed me the wrong way with financial impunity, while my insurer scurried around behind me cleaning up the mess I left. Torts such as abuse of process, malicious prosecution, and IIED arise out of intent to harm. Insurers don't underwrite intent to harm. Not legal...

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  10. Medical law case for negligence or false result?

    Answered 8 months ago.

    1. L. Maxwell Taylor
    2. John L. Schroeder
    3. Eric Edward Rothstein
    4. Christian K. Lassen II
    5. Richard Todd Rosenstein
    6. ···
    7 lawyer answers

    I am glad it turned out ok for your son and that he has apparently suffered no lasting harm from this event. Your son had an anaphylactic reaction to warm cow milk, so now you know not to give that to him. I would involve your son's pediatrician and any specialists your son sees at this point so as to help him avoid the foods that cause him problems. But I would not involve lawyers. This is a matter for your son's physicians. Sounds like the allergist reported a negative test result, but...

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