Wade William Poulson's Answers

Can I record conversation with person and not let this person know, and later present this conversation in court as evidence?

No, in California you cannot introduce a recorded conversation in court if the person you recorded did not consent to the recording. Any attempt you make to introduce the recorded conversation will very likely be objected to and the conversation will be excluded.

2 people marked this answer as helpful

What do you do when you have a car accident and the other person is uninsured?

If your policy really only covers liability and there is no uninsured/underinsured motorist coverage, then your only likely remedy is to file a lawsuit against the other driver and obtain a personal judgment against the driver (which, of course, is not guaranteed) and thereby force the driver to pay your damages from his personal assets and/or income.

1 lawyer agreed with this answer

My neighbor got flooded because of plumbing problems in my condo, but he notified me 5 days later. Am I liable for the damage?

Generally a plaintiff/claimant cannot recover damages/losses that could have been averted by the plaintiff. It becomes a question for plumbing or water intrusion experts to determine what could have been avoided by your downstairs neighbor or not. Under this kind of scenario, respective insurance companies typically resolve the issues without requiring litigation. However, the issues may be more involved and may result in litigation. If what you say is true regarding the leak being stopped...

1 person marked this answer as helpful

Is airline liable for passenger who dropped his heavy carry on on my head severely aggravating a prior inury?

It is unlikely, from what you have stated, that the airline will be liable unless the airline (through its agents) created some kind of dangerous condition leading up to of facilitating this passenger's apparent negligence. You may want to contact an attorney to discuss further details of the incident.

I went down on my bike.minor injuries.

Insurance companies often take their time to "sort" things out before making a decision. Has your insurance company denied your claim outright?

In my request for submitting a claim for injury if I don't have a picture, can I still make a claim?

While photos are good to have, they are not absolutely necessary, particularly if you have witnesses to your accident who can testify concerning the nature (i.e., location and size etc.) of the pothole.

A fellow Realtor is saying derogatory things about me to my colleagues. Do I have any recourse?

Your potential recourse will depend on what exactly has been said and/or written about you. If she has been making false statements that are facts that can be proven to be false, then you very well might have a defamation claim. On the other hand, if she has been making "opinion" comments about you that would be very difficult or impossible to prove false, then she will likely have a defense to any defamation action. Also, if she has been making specific false statements about your business/...

I was not at fault and now the other person is accusing me that I was...

Contacting your insurance company is important, especially if a lawsuit has been filed against you, or one is threatened. Your insurer will likely be required to hire an attorney for you who will be able to assist you with details.

Is it libel if a former supervisor, talks about a former emplyer in an attempt to get that emplyee evicted from apartment?

This should not be considered as legal advice or the creation of any attorney-client relationship. Unless your former supervisor communicated the false statement (that you were fired) in writing or some other permanent medium, the statement(s) is likely not considered "libel" rather it is probably slander. The difference is that under a slander cause of action one has to prove special damages arising from the defamation (e.g., actual monetary losses resulting from the false statement)....

I'm a pro se plaintiff in a personal injury dispute against an attorney can anyone serve as the "devils advocate" in helping me?

You will have to prove your lawyer's withdrawal caused you to lose the underlying lawsuit, or that you would have had a better outcome had he not withdrawn. And even then, he may have a "conflict" defense based on what he perceived were issues or matters that may be unknown to you.

1 person marked this answer as helpful