Mark Carleton Blane's Answers

I was keeping my motorcycle at a friend's house, he took it without my knowledge and got in an accident, am I liable

Another reason not to store motorized vehicles at a friend's residence without insurance, right? I think my fellow posters have written great responses to your question. I would say your best bet is to prove the non-permitted use of the motorcycle. Any evidence to support this would be beneficial. I do not know if anyone was injured, or if this was just a property damage claim. If only property damage, you can sue your friend in Small Claims (assuming the damage is within those limits).

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What happens when i get hit by a car. my motorcycle is totalled and he has a max property damage of $5000.

You can sue him in Small Claims court for the difference in what was not covered. Also, San Diego county provides free Small Claims legal advisors to help with each step from 8:30 am to 4 pm Monday - Friday.

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Hospital ER -NO MD in the ER! Staffed with NURSES only! STATE LAW requires all ER's staffed with MD'S

I am sorry to hear about your experience at the ER. However, in order to have a medical malpractice claim you need to show: a failure in the standard of care among medical personal that "caused you damages" (medical injuries). Here, from your question, I do not know what type of medical injury you actual suffered/sustained, apart from the IV needle issue. If there was a breach in the standard of medical care that applied to you, you still need to prove your damages; i.e. grave injury or...

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Can I sue the hosptial or Coroner for IIED for not allowing me to see my father after he died, (no crime involved with death)

I am very sorry to hear about your loss and the facts of what occurred with your father. However, in order to recovery for Intentional Infliction of Emotional Distress, or rather, Negligent Infliction of the same, you need to prove that the injury was occurring to your father in your presence (since you are an immediate family member, you have the other element requirement). However, here, the injury had already occurred to your father, and the fact the Coroner denied your request for viewing...

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What legal action can I take if an auto lease (which was not mine) was added to my credit report and caused my score to drop?

If they negligently or knowingly did so, then you could have some damages known as "damages to credit." What I would do is write them a letter and get them to remedy it. Tell them you need this done as soon as possible. Under the Fair Credit Collections Act they have to respond to you in writing within certain time frames. This letter from them should narrow the focus as to what happened. If they ignore your request, or respond but avoid your issue, then you definitely having something...

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What is the statute of limitations on a slip and fall case in California?

There is a two-year statute of limitations in California for such a claim, so your time is still okay. You should seek counsel with an experience personal injury attorney to not only review liability (is Ralph's at fault for the water being there), but also your medical care since the date of the accident.

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Can car insurance deductible be denied for a no fault situation

If you have the license plate number of the vehicle that sped away, you could file a SR-19 with the CA DMV to see if there was a valid insurance policy in place on that vehicle. You have to file a SR-1 (if you have not done so yet) with the SR-19 at the same time. The SR-19 costs $20.00, the SR-1 has no charge. It takes about 4-6 weeks and all forms are online at www.ca.dmv.gov. Your deductible should be 100% waived by your insurance company if it is proved that you were damaged by all...

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I slipped and fell in a furrs fresh buffet restraunt a few days ago. the floor was wet or greasy or something. is it worth pursu

Yes, definitely retain legal counsel on your Texas Slip and Fall injury claim - if you are injured, then you should pursue it (in case your injuries get worse!). Your lawyer should handle the liability aspects. If you have private health insurance, then you I am sure your lawyer will probably want you to treat under that unless otherwise instructed. You are on the right track so far.

I hit a teenage girl with my truck. She ran into traffic. I have witnesses and police reports. Her parents are suing.

Your insurance company should have assigned counsel to defend and indemnify you. Your questions leave little facts for me to analyze further; however, if you have witnesses indicating she ran in front of you and you had no time to react, then you should be fine. Review the police report for witness statements, and what the police officer concluded. Assuming he did not witness the accident, review how he came to any conclusions on the issue of fault, if any. If everything supports your...

What are my rights as a tenant whose home is being sold by the owner?

Your owner will be on the hook for damages to you as a result of the breach of the lease. This could include moving expenses, full return of your deposit, if any, and other damages that reasonably "flow" from the breach. Since this area is not my specialty area, I would like to refer you to a good resource for you. Check out www.tenantslegalcenter.com. They also have free downloads for you, etc. Best of luck with this issue, mb