Donald Curtis Kudler's Answers

My mom fell and she hurt her shoulder and knees at an. Indoor swampmeet what can she do

First, you should contact an experienced personal injury lawyer to help you with this case. Slip and fall cases are very difficult to win due to the many liability issues and defenses that appear. Your mom should complete her treatment before she makes any kind of demand so that she knows what her damages (past and, possibly, future might be.) If possible, I would make sure that she or someone on her behalf takes pictures of the scene so that she can explain it to an attorney and remember...

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Injury. Slipped in tub with no grippy pads. Hurt bad. Can I sue my landlord / his Home Insurance? I just moved in month ago

I am licensed in Nevada, but this answer should apply in California as well. As Mr. Hudson noted, you have a duty to protect your own safety. And, if it was as slippery as you say it is, then you have a duty to either not use, it, complain about it to the landlord, or make it safe yourself. If you were to proceed against your landlord, you would probably benefit by retaining an expert to examine the tub and determine if it was too slippery according to code or other safety standards....

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Beware of dog signs?

I think everyone missed the point here. Your question is directed to a situation where the dog is in the house and someone enters without permission your presence. If your dog is in the house and someone enters without permission after seeing a warning, their going to have a hard time blaming any bite on you. Even without the sign, the person entering a home without permission cannot blame the homeowner if he is bitten by a dog who is kept in the house. The sign can only help and...

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Wrongful death or Negligence Lawsuit for suicide?

I am licensed in Nevada, but this answer should apply in Kentucky as well. In order to prevail on a medical malpractice claim, you will need to have a doctor evaluate the records and render a decision that your father's doctor rendered care below the standard of care. This can be difficult to prove. First, you will have to get copies of all of the medical records to present to a doctor. Since your father has passed away, someone will need to be appointed, or otherwise legally recognized,...

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I loaned my auto out, the driver hit a cow and totaled auto, then I find out that he has a suspended license will my insurance,

Your insurance should be primary for the damage to the animal as well as any other property damaged in the accident. His insurance may be secondary to yours, although it may be shared between the two policies. Make sure to contact your insurer to give them information regarding the accident and to cooperate in their investigation as you have a duty to do so. I would also look to filing a claim against his insurance if your policy will not cover the damage. Hope this helps. /s...

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My babysitter put her hearing aid on my couch. My dog chewed it up. Am I responsible to pay for it?

Legally, it will come down to whether or not she was negligent in leaving the hearing aid where the dog could get it. If you dog is a puppy, or playful and known to grab things, then it wasn't a good idea to leave something bite sized on the couch in the dog's reach. If, on the other hand, this was unforeseeable, then she would not be at fault for leaving the hearing aid on the couch. As far as your liability, you would more likely liable if you knew the dog had such playful propensities...

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How should I proceed in this matter?

I am licensed in Nevada. I would want to see a calculation of their claim. How much they charged for towing, how long they claimed to store the car for, when they sold the car, and how much they sold it for. You can also contact the State of Nevada Department of Business and Industry, Nevada Transportation Authority ( http://tsa.nv.gov/ ) where you can get a copy of a Complaint Form ( http://tsa.nv.gov/Forms/Complaint%20Form%205-3-11.pdf) for some help with your situation. Hope this...

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What kind of attorney do I need? I would like to sue this person for repayment of the note and other promises.

You need to take action on this soon. Depending on the value of the damages (including the amount due on the note, and any damages that can be proven as a result of the new business venture), the case will be filed in District Court or Justice Court. If there is more than $10,000.00 at issue, the case will be filed in District Court; if less then Justice Court. If you need a lawyer, you should contact an attorney experienced in Civil Litigation. Many will bill hourly against a retainer,...

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How do I determine if I need to an attorney for a recent car accident?

First, you need to know that the Statute of Limitations in Nevada is 2 years for personal injuries such as this. Insurance companies contest damages even when fault is clear. This is especially true in cases where the damage to the cars is considered to be a "minor impact" by the insurance company. There are a lot of issues in car accident cases that an experienced personal injury lawyer can help you with. Such a lawyer can make sure that all available insurance is used to compensate...

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How should I deal with the hotel.

Hopefully, the shot, the bump and the scrape are the extent of your injuries. If so, then you may want to ask the hotel for additional compensation for the inconvenience and lost time as a result of the injuries. If you are not so fortunate, then you have to examine the details of the accident to determine if the hotel was at fault for causing your injuries. I do not have enough information to determine what, if anything, the hotel did wrong in causing your injuries. It could be a poorly...

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