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John Robert Sauter

John Sauter’s Answers

145 total


  • I tripped & fell in a hospital parking lot. Tore ligaments in shoulder. Sue?

    This hospital has no sliding doors. Parked back at the bay for the squads. Got out of car, walked around it and tripped over a yellow speed bump that is in the middle of the lot. Parked back there so I could ring the buzzer and they'd come out ...

    John’s Answer

    I concur with Mr. Esposito's answer - the speed bump in the middle of the road was an open and obvious hazard. Because of its open and obvious nature, you were expected to use caution. It wouldn't hurt to consult with a personal injury attorney - perhaps there are additional facts regarding the scene of the injury, etc., but I remain doubtful that you have a valid cause of action.

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  • How do you legally attach a house you did work on and they have not paid you for the services you rendered

    did some contracting work on a house for a person and they gave me and advance but not full payment for thr bill i sent to them and i need to get paid

    John’s Answer

    File a mechanic's lien at your local county recorder's office.

    Another option would be to contact an attorney and have the attorney send a formal payment demand.

    Finally, if the amount to be paid for your services was less than $3,000, you can file against the person in your local small claims court.

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  • I NEED TO NO IF I HAVE A LAW SUIT AGAINST WAL-MART

    I WAS STOPPED AND WRONGFULLY ACCUSED OF STEALING AND SEARCHED IN FRONT OF EVERYONE IN THE STORE I DID SOME RESEARCH AND FOUND OUT THE PERSON THAT SEARCHED ME DID NOT FOLLOW PROTACOL

    John’s Answer

    In Ohio, and many other states, a retail store's security office enjoys what is known as the 'shopkeeper's privilege.' This allows a store to briefly detain a person who it reasonably suspects of shoplifting for the purposes of conducting an investigation. The stop must be made using reasonable force, given the circumstances. While Wal-Mart may or may not have followed their internal protocol for such matters, it appears, based on the limited facts presented, that their search fit the framework of the shopkeeper's privilege.

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  • Can my apartment complex be held liable for non working security doors and intercom systems?

    The security doors and intercom systems have never worked since I moved in almost a year ago. 3 armed gunmen forced their way into my apartment and robbed my kids. They wouldn't have had access to the building if the security doors worked proper...

    John’s Answer

    You'll want to contact an attorney in your area that has experience with 'inadequate security' claims. These are difficult claims to bring, but generally speaking, a property owner can be liable for the criminal acts of third parties if those criminal acts were foreseeable and the property owner did not take the correct steps to address the threat of criminal harm to those on the property.

    Inadequate security litigation can be highly fact-intensive and expensive, as it is almost always necessary for the plaintiff to retain an expert witness to testify regarding the property owner's lapses in security.

    Best of luck.

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  • Can I sue someone for chasing me in a fit of drunken road rage with a gun?

    A 20 year old kid chased myself, my fiance, and my 2-year old son in a car while pointing a gun at us the whole time. He even fired at us one time. I called 911, and he was arrested and found with a loaded weapon and an open container. He is curre...

    John’s Answer

    Sure, you can successfully sue him in a civil court of law for assault if you can show to the court that the individual's acts placed you in a reasonable apprehension of imminent harmful contact (even if no contact resulted - that would be called battery).

    Your potential problems include proof (did anyone else witness his actions?) and damages (how much money do you think will fairly compensate you for the stress you were put through?). Finally, if you did win an award, could you collect or is this 20-year like most 20-year olds - broke/unemployed/etc. ?

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  • Does a landlord still have to go through an eviction process when the lease has ended and the tenants don't want to leave.

    My husband and I signed a lease a year ago with a private landlord for a room in a house with other tenants who have rented rooms as well. During the year we fell on financial hard times (job loss, health issues) and became inconsistent and behind...

    John’s Answer

    Generally speaking, in Ohio a landlord must follow a specific legal process in order to evict a tenant. That process involves giving the tenant proper notice to vacate the property. If the tenant is still residing at the property following the notice, the landlord can file an eviction action the the local court system.

    Therefore, if you haven't received a 3-day notice of eviction and you haven't been served with notice of a court hearing, your landlord can't *legally* evict you...yet.

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  • Can my landlord ask me to move out on just a week notice while my lease is not up?

    my landlord asked me to move out with a three days notice while i have paid for the month and when i asked why i was told pest control was at my apartment twice and i was not ready so i have to move and when i asked for extra time they only gave m...

    John’s Answer

    Your question is a bit difficult to follow, but generally speaking in Ohio there is a process a landlord must follow in order to evict a tenant. The process starts with a 3-day notice. That notice, however, is not a demand for the tenant to leave within three days. It simply is a notice that if the tenant does not leave by the end of the three days, the landlord will file an eviction action in a local court of law. Following the filing of the action, a court date is set at which a judge will hear from the landlord and tenant and will either grant or deny the landlord's request for eviction.

    Despite any threats your landlord is making, you can't be legally evicted from the property unless a judge or magistrate rules in favor of the landlord at an eviction hearing. If you haven't yet had that hearing, you don't need to worry about being legally evicted until a date set by the Court.

    This is not legal advice. This answer deliberately ignores a landlord's 'self-help' remedies and any claims and defenses you might have against eviction, including payment of rent and the individuals terms of your lease, which are not known to me.

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  • A complaint has been filed in court and the defendant must respond within 28 days or a judgement by default will be entered.

    What type of motion must be filed by the defendant in response? The defendant defaulted on the repayment obligation upon discovering that the services were not properly rendered. There are 2 counts: MONEY LENT/MONEY PAID & UNJUST ENRICHMENT. A...

    John’s Answer

    An Answer.

    If you (or someone you know) are/is the Defendant, I'd advise you to speak with an attorney. A general civil or debtor/bankruptcy attorney may be able help you or the person you know reach a solution to the issues named in the complaint.

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  • My son was involved in a car accident in 2006. I sued on his behalf and he was awarded a settlement when he turned 18 in 2009.

    I was in a car accident 2 weeks ago. I was injured and my car was totaled. The other driver admitted that he was at fault. Can I recover medical costs and pain and suffering or will it look bad because of the previous lawsuit.

    John’s Answer

    • Selected as best answer

    The prior case will have no impact on your ability to recover damages in the current motor vehicle collision. All measures of damages, economic (medical bills, expenses, etc.) and non-economic (pain, suffering, etc.) are available to you.

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  • My 13 year old daughter had a really bad accident at school and I am trying to determine if a lawsuit is justified.

    My daughter is 13 and attends a private girls school. At the top of one of the publicly accessable stairways is a door to an attic that has no lock or keep out sign on the door. She went into the attic to explore and as she got farther in she step...

    John’s Answer

    As the owner of the premises, the school has the duty to exercise ordinary care to keep the property in reasonably safe condition. Whether or not they would be found liable (or partially liable) in a court of law depends on the foreseeability of the injury. Was it foreseeable that by not locking or placing a warning sign on the attic door that a student would enter and fall through the ceiling?

    Other considerations include whether or not your daughter was negligent herself in exploring an area which may very well have appeared to be 'off limits' or difficult to access. A finding that your daughter was negligent could reduce or eliminate any damage award.

    You'd be well served to consult with an experienced personal injury attorney in your area. Injury attorneys often will agree to meet with a prospective client to review their case for little to no cost. Best of luck to you.

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