Brian M. Wendler's Answers

Is a retail business liable for damages caused by products it did not manufacture?

First let me start my saying I find it very commendable that you would opt to support local manufacturers like you describe. Too bad other businesses do not follow that model. That said, the short answer to your question is, yes, your business (and you personally if you are not properly set up in a proper business structure) can be held liable for defective products in Missouri as a mere retailer even if you do not manufacture the products. Laws like this were created with the intent to make...

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Can work make me pay out of pocket for a accident in a work truck

In Illinois your company should not make you pay for this ticket even if the inability to locate the insurance card was attributable to you. Unfortunately, I cannot speak to what Indiana law provides. As a practical matter, if the vehicle had valid insurance coverage, the courts in this area generally drop the charges like this if you jut should up in court with the proof of insurance. In other words, if you prove you had insurance coverage at the time but simply could not find the card when...

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I fell into a uncovered drain hole while i was a guest at a hotel had to get stitches and have surgery on my knee should i sue

Based on these facts it sounds like you have a good case. And give yourself a pat on the back for taking the photos. If the insurance company for the hotel is not offering to settle with you, yes, you should seek out a lawyer and file suit. Where you can file suit and how much time you have before the statute of limitations expires depends upon where the injury occurred and the date of the injury.

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What defines libel or defamation of character in regards to minors and publications of newspapers?

While the newspapers and other media sources do enjoy freedom of the press protections guaranteed by our constitution, there are limits to which that freedom (and liability avoidance) extend. Newspapers are not allowed to publish stories about non-public figures (such as applicable here) if not true. The fact that your sister is 14 and "untrue things" about your mother and yourself are involved is significant but more information is needed. How and from where the newspaper obtained the photo...

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My truck was totaled in an accident by a 17 year old who didn't have insurance. The kid hit my husband in the rear of the truck

If the 17 year old was driving he car with his parents' permission there should be no problem with insurance coverage so that the parents' insurance will cover this. You should be entitled to recover for all damages resulting from the collision including damage to the truck, towing, repairs, lost work time/wages, etc. You an get reimbursed for lost wages even if your husband's employer gave him a paid sick day or a paid vacation pay.

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My insurance is covering up to $10,000 of medical expenses but medical bills are exceeding, how does this work?

You have a number of questions I will try to address individually. First, the $10,000 may need to be repaid out of any settlement money you receive from the tortfeasor's insurer at the end of the case. This will depend upon a number of things including the language of your own insurance policy. If you don't have a copy you should order it right away. If the language of the policy says you have to repay it, this does not necessarily mean you have to pay it back 100%. In IL there is a "...

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I can prove that my husband & I had a loving marriage until a co-worker made advances & he took her up on it. My step son

I respectfully disagree with the earlier answers. I handled a case virtually identical to this recently with a favorable outcome. Cases like this are rare but they can prove victorious. If you want to pursue the case it is very important that you gather up ASAP all the tangible evidence possible including emails, etc.

Can I sue for defamation of character?

You can sue her for defamation if she actually sends the letters as indicated by the other attorney's answer and if the letters contain false statements that are not subject to the innocent construction rule recognized by Illinois courts. Truth is an absolute defense meaning if what she tells others is true you cannot sue for it despite her motives. Defamation, however, is only one legal "theory" that may apply here. You should consult with an attorney to discuss the potential for bringing...

A woman ran red light as i was turning left. whe got ticket for blowing light and they gave me one for failure to yield.

If your question is whether you can recover money for your car damage even though you did not have insurance, the answer is yes. Whether or not you had insurance is irrelevant in a court on this type of claim. But, you will still need to prove the accident was primarily the fault of the other driver. The other attorneys have described the problems you will have in that regard. The other driver's insurance adjuster, depending upon how unscrupulous, may try to tell you your lack of insurance...

My soon to be ex husband, lives with his sister. the sister is keeping files on her computer of lies about the children.

The earlier postings are correct insofar as you need to supply more information and talk to a lawyer about a slander or other civil lawsuit against her. In addition, the comments regarding opinions versus facts are also correct. Your claims may not be limited to slander though. You may have other legal causes action upon which you can sue depending upon the facts and details. Your message indicates you would like to file charges against her. This suggests a crime that you would like to see...