Darren O'Leary Aitken’s Answers

Darren O'Leary Aitken

Santa Ana Defective and Dangerous Products Attorney.

Contributor Level 7
  1. Should I file a suit against the school for injuries my daughter sustained in the classroom?

    Answered 2 months ago.

    1. Logan Lambert Quirk
    2. Bradford Charles Brereton
    3. Wendy Marie Schenk
    4. John Noah Kitta
    5. Darren O'Leary Aitken
    6. ···
    8 lawyer answers

    Based on those facts, I believe your daughter would likely have a successful claim for the injuries she suffered. Since a school district is involved, there are pretty tight time deadlines in regard to filing, so I suggest you retain a good attorney who is experienced in bringing cases against a public entity as soon as possible.

    4 lawyers agreed with this answer

  2. I WANT TO KNOW CAN SUE RT BUSS CAUSE I SLIPPED AND FELL ON THE BUSS THE BOTTOM LINE I HAVE TWO TORN LIGAMENTS AND I AM GOING TO

    Answered 5 months ago.

    1. Robert Bruce Kopelson
    2. Alan Ray Barnes
    3. Darren O'Leary Aitken
    4. Joseph Henry Marman
    5. Robert Lee Vogel
    6. ···
    8 lawyer answers

    California law does require that an "administrative" claim be filed within six months of injury or the right to sue in Court is lost. If that is not done, a petition to file a late claim needs to be filed within one year of the injury. That will likely be denied by the Transit District. At that point, the only thing that can be done is to ask a civil judge for "relief" from the claims filing statute. Unfortunately, the grounds for relief are very narrow, and not knowing of the filing...

    4 lawyers agreed with this answer

  3. Wondering if I should obtain a lawyer for a hit and run.

    Answered over 1 year ago.

    1. Steven Mark Sweat
    2. Christian K. Lassen II
    3. Daniel Nelson Deasy
    4. William Peter Daley
    5. David Michael Boertje
    6. ···
    9 lawyer answers

    In a perfect world, the insurance companies would treat people such as yourself with respect and cooperation so that claims can be resolved amicably without the need for lawyers. Unfortunately, in the real world, that is not always the case. Here, it appears that the adjuster involved has already closed his mind on the issue. Therefore, legal assistance may be necessary. Every claim at has two basic components: fault and compensation. Given the situation you described, the insurance...

    4 lawyers agreed with this answer

  4. Is it necessary to cote Codes ?

    Answered 4 months ago.

    1. Alan Ray Barnes
    2. Wendy Marie Schenk
    3. Gary Ralph Ilmanen
    4. Nicholas Basil Spirtos
    5. Ajay Mohan Kwatra
    6. ···
    9 lawyer answers

    The codes contain the laws that apply to the facts in any given situation. Perhaps the attorney was indicating that your testimony, even if completely true, does not allow you to win under the applicable laws. As an easy example, one can truthfully testify that one ran a red light. It is true, but contrary to the law.

    2 lawyers agreed with this answer

  5. Getting help in a Product Liability case that is not large enough to make you smile

    Answered over 4 years ago.

    1. Darren O'Leary Aitken
    2. Todd F. La Neve
    2 lawyer answers

    If your question is whether the Pet food company is liable for the damages caused by its inferior product, the answer is yes so long as you can prove that the infestation was caused by its product. This is not so much a product liability case in the sense of a bodily injury matter as it is a breach of implied warranty type action. Companies who put products out for sale (like pet food), are giving an implied warranty (or contractual promise) that the products are fit for their intended...

    Selected as best answer

  6. Can a bartender/bar be sued for over serving obvious intoxicated person in California? Do they have to stop a fight?

    Answered 5 months ago.

    1. Adam Paul Eberts
    2. Robert Bruce Kopelson
    3. Christian K. Lassen II
    4. Darren O'Leary Aitken
    5. Christopher John Gansen
    5 lawyer answers

    in Caliornia, a bartender (or the bar itself) cannot be sued for serving alcohol unless to an "obviously intoxicated minor". A bar can be sued for providing negligent security under the right facts . It doesn't sound like your situation looks promising in that regard, however, since it sounds like you were the aggressor.

    1 lawyer agreed with this answer

  7. Do I seek an attorney because of an assault on my fiancee?

    Answered 2 months ago.

    1. Thomas Westwood Degn
    2. Robert Bruce Kopelson
    3. Christian K. Lassen II
    4. Darren O'Leary Aitken
    4 lawyer answers

    Definitely consult an attorney who knows admiralty law. What can be done will be influenced by where the ship was when the assault occurred since that will dictate what laws apply. Also, one additional challenge is that the assailant's insurance (if any) may not cover him since he intentionally hurt your fiance. If there is no insurance, for your boyfriend to recover the assailant must have personal assets to pay. Good luck,

    1 person marked this answer as helpful

  8. My dog broke his rope and ran after a lady jogging by my house. My landlord is being sued. The bite happened off the property.

    Answered 2 months ago.

    1. David Herman Hirsch
    2. Robert Bruce Kopelson
    3. Stephen Ross Cohen
    4. Christian K. Lassen II
    5. Darren O'Leary Aitken
    5 lawyer answers

    Yes, your landlord can be sued. The injured party, however, must show that he/she did something negligent (or unreasonable) in overseeing your tenancy. For example, knowingly allowing a dangerous dog on the premises, or knowing that you let the dog run free in the neighborhood without trying to stop that practice, etc. Absent facts like that, the claim is not likely to be successful. That will not necessarily stop the suit from being filed however.

  9. Is a lawyer needed?

    Answered almost 4 years ago.

    1. Darren O'Leary Aitken
    2. Steven Ronald Kuhn
    3. Norman Gregory Fernandez
    4. Donald Curtis Kudler
    4 lawyer answers

    Your Dad's insurance company will handle any claim brought by the other driver, and hire an attorney to defend your Dad if it gets that far. From your description, it sounds like the other driver is at fault, but that will not prevent him from making a claim, especially if he has a different version of events. The insurance covering the other automobile should cover that driver unless he stole the vehicle or is specifically exempted from the policy by name. I cannot tell if either of those...

  10. Who do i go after?

    Answered over 4 years ago.

    1. Darren O'Leary Aitken
    2. Marc Sean Hurd
    3. Claude Armand Wyle
    4. Joseph A Blaszkow
    4 lawyer answers

    You have a right to claim damages or sue someone even if they do not have insurance. Of course, if they do not have any substantial assets (a description that applies to nearly all the uninsured drivers out there), there may be no practical reason to do so. From your description, it sounds like you were the third car in a three car accident. If there is evidence that the middle car's driver was also negligent (in other words, careless), you could file a claim against her as well....