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Mark Carleton Blane
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Mark Blane’s Answers

105 total


  • I slipped on a spill in a nightclub and hit my head on a metal counter top, no staff helped and they did not clean up the spill

    i went home with a headache and went to sleep, and woke up at 8am with headache and pain, what should I do I left without filing an accident report, what should I do?

    Mark’s Answer

    This is an extremely difficult factual scenario as you would have to prove the Nightclub failed to remedy the spill after they had reasonable notice of it. In a Nightclub situation, it is dark, people are on the floor dancing, alcohol may be involved (not sure on your end from the question), and it can sometimes be impossible to prove how the spill was on the floor and for how long. All of this would need to balanced with your injury as well. How bad was your injury? A minor headache v. Post Traumatic Concussion with over night observation in a hospital and follow up care?

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  • Is my University liable if I am involved in an auto accident while traveling to a mandatory school assignment

    nocnote1@yahoo.com

    Mark’s Answer

    No, unless you were working for the University (doing something for their benefit). Then the University may be liable to you under workers' compensation. If you were driving as a student, and you are not at fault, then you would have an at-fault third party (the other driver or drivers) to pursue. If you were at fault, then your insurance would protect you against the other driver or drivers. More facts are needed on the different scenarios above.

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  • I was rearended , car had less than $500.00 in damages, time to settle - they are say not much damage only $800 for my pain.

    I hurt my neck and back as I was slowing down to make a turn when the other car hit me. Now the insurance company says because there wasn't much damage to car I wasn't really hurt. They offered me $750 and to pay my medical for the day of the acci...

    Mark’s Answer

    Yes, you need more information. I actually wrote a book on the questions you are asking - it is completely free too. I will provide a link for you. You may not need a lawyer on this one since the property damage was so low. You may want to explore utilizing Nevada small claims court too!

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  • Drunken roomate stole car, hit pedestrian what should i do?

    my car was stolen in 2009 by a my roomate during the night, did not report car stolen because we were sleeping, he was driving while intoxicated, hit a pedestrian, he was an ilegal and sent back to his native country and now the car insurance sen...

    Mark’s Answer

    You will need to speak to your insurance defense lawyer and see if you have no liability for intervening cause reasons. Your car was stolen, assuming the person who stole was illegal and sent back to his country (not sure from your question). To this end, I assume you have facts to back it was stolen? Like a police report, and the like (witnesses). You definitely need in person legal counsel - check with your insurance company.

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  • Who's fault is it?

    I was involved in a trip and fall accident at a ROLLER RINK wherein my wrist was broken. I filled out an accident report that the rink refused to give me(not even a copy). I have had surgery, and then intensive physical therapy. My personal insura...

    Mark’s Answer

    You really need to consult a Delaware slip and fall lawyer - however, your question is very difficult without more facts. How did it happen? Where your roller skating at the time? Was someone else at fault? You may not have a case because the defense can argue "assumption of the risk" meaning you knew the risks by skating in a roller rink. However, a good lawyer needs to sit down and meet with you - in fact, I need more facts from your question. I will provide a line for a free slip and fall book.

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  • HAD A SLIP AND FALL ACCIDENT AND BROKE MY RIGHT ANKLE. HAVE A MEDAL PLATE AND 7 SCREWS IN IT. IS 100,000 DOLLARS....

    FELL DOWN THE STAIRS OF MY APARTMENT AND BROKE MY ANKLE. I HAD SURGERY AND HAD TO GET A MEDAL PLATE AND 7 SCREWS IN IT. HAD MEDICAID AT THAT TIME AND HAD NO THERAPY. IS $100,000 DOLLARS TO MUCH TO ASK FOR ON A SETTLEMENT? I AM GOING ON A MOTION FO...

    Mark’s Answer

    This is a difficult question - I assume you have legal counsel? Value of your case is really not known until you have all medical care. This means all doctors must have released from all medical care and then, whether or not you have an impairment under the AMA guidelines to any particular body part, and to what degree. I have information on my website regarding case value and the AMA impairment guidelines. I will also provide you a link to a free slip and fall book.

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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

    is it worth pursuing? it was in houston, tx and the manager came asked if i was ok, refunded my money, then i couldnt get them to give me service! wth??? lol anywhoo my wrist hurts, my bicep hurts, and my back is the worst! stiff and sore all over...

    Mark’s Answer

    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.

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

    My insurance company says I may be over my limit. And need an attorney. It was clearly not my fault. Do I need to worry.

    Mark’s Answer

    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 version of events, you should be fine.

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  • Can I sue a theme park if I slip on wet stairs and sustain a leg injury and what information would I need to have?

    The stairs were outside it had just started raining. We were in a tent and I was not going to leave until the rain had stopped. A BG security guard told us we had to leave the tent. The stairs were like sheets of ice and I slipped twice one time a...

    Mark’s Answer

    In order to obtain liability in a slip and fall case, you need to prove the at-fault party had notice of the dangerous condition, failed to remedy it, had control and dominion in terms of allowing the condition to exist, and the hazard was not easily seen or known by you. Here, it was due to rain, and these cases can be very tough to prove. Also, you do not indicate from your question if you were injured; if no injury, or damages, then generally no case.

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  • How long do you have to file a malpractice case

    I had a hip replacement in 2008 and was given penicillin which highly allergic doctor said nurse did not read my chart and since then I have respiratory failure

    Mark’s Answer

    Most of the time the statute of limitations clock starts running the first time you have enough notice of your potential claim. Thus, you will need to get as exact as possible as to when the nurse read your chart, and when you formulated in your mind a possible claim for negligence, or malpractice. Each State can be different in terms of Statute of Limitations. Since more facts are needed from your question, you should consult with a qualified personal injury attorney in your State. I recommend you do this as soon as possible.

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