David E. Schreiber's Answers

Can you sue if a store sold you a product your allergic to?

Most states' laws allow a person to pursue a valid product liability case against anyone in the chain of sale. That is, in addition to the manufacturer, the retailer here can be liable for a defective product. However, products liability suits are very costly to file and pursue. Another option would be to write to the company and ask for their liability insurer and see if you can start a claim. Otherwise, you might be best served to file with the correct small claims court. If...

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Question about medical / dental malpractice... person wins settlement but then gets better...

The law provides for compensation for past and current pain and suffering. It also allows for future pain and suffering. If the settlement was for past and current pain and suffering, then the question is moot. Further, read the language of the Release. Often it is a mutual release and/or says the the settlement is for full release and the parties understand that the risk of future events is released. So, the fault that she improved is essentially irrelevant to the settlement. All sides...

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Man hits 7 parked cars and he has liability, and one car is mine.i have liability 9,500 damage what paper work do i need to fill

You will need to make a claim with the at-fault insurance carrier. You may be able to do that with a call. You may want to seek an attorney locally to give you advice. Do not sign any release or other documents without being sure you understand it or by first consulting with a lawyer. You might consider making a claim under your own auto policy and they will subrogate the damages (i.e., pursue the damages against the at-fault driver's insurance). If you go through your own insurance,...

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Can a person charge me for harassment if i said these things?

You did not use their name. I assume you mean they want to file criminal harassment charges. It is doubtful this constitutes harassment and it is more doubtful a police department or a D.A. would take action.

What is a proposed order and how is it written to the court

First, a proposed Order is something that you attach to a brief or a motion or petition where you are asking the Court to grant some type of relief that you are requesting. However, you need some type of mechanism to get a request before the Court. It is difficult to determine what is needed because your question doesn't have enough information. If you missed a filing deadline, your options may be limited. Some typical mechanisms are a motion for reconsideration of an appeal nunc pro tunc....

I am being sued because I was at fault for a car accident. I only had $25,000 for bodily injury.

If you were served with a lawsuit, or a claim, you need to turn that over to your auto insurance. Technically, the opposing party could try to obtain a judgment for more than your coverage. However, that would require it going all the way through a verdict. The more likely scenario is that they would stop at the policy limits and go to their underinsured "excess" coverage if they have it.

FMLA - MEDICAL BENEFITS

If your mother was on approved FMLA -- and it would be approved for 12 weeks unless otherwise agreed- her Employer can not take any adverse employment action (i.e., any termination or negative change to employment) during that time. She may have a claim. She should contact an employment lawyer - I would need more facts here.

Judge made default judgement to the wrong person

Was this judgment at the District Justice Level? (I.e., small claims court, not Delaware County Court in Media?). If it was at the District Justice level, in my view, you would need to file a Petition/Praecipe to Reopen the Judgment in Delaware County Court of Common Pleas. Without seeing the Default Judgment itself, though, I can't say for certain. In my view, you will need to contact an attorney and have them review this for you.

Car accident with no insurance in state of PA

The first issue is that you provided the officer the truth, which is the right step. Providing a false report to a law enforcement officer could be something you would be arrested for but the officer may give you some leeway since you are now being truthful. It will be up to the officer to decide. The other issue is that you did not have insurance. In Pennsylvania, you are required to have valid insurance. Driving a vehicle that you own without insurance is not legal in PA. Most likely...

My son borrowed my car He was in an accident.

Did you give him permission? You have to tell the truth. If he's on your insurance, your insurance would cover the loss but your rates would go up most likely. You could have personal liability if you were allowing him to drive knowing he was intoxicated or if there was a mechanical defect you failed to fix. Otherwise, it is not likely you would be personally liable.

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