Darren O'Leary Aitken’s Answers

Darren O'Leary Aitken

Santa Ana Defective and Dangerous Products Attorney.

Contributor Level 7
  1. 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 about 1 month 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

  2. 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

  3. Is it necessary to cote Codes ?

    Answered 30 days 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

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

    Answered almost 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

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

    Answered about 1 month 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

  6. Is a lawyer needed?

    Answered over 3 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...

  7. Who do i go after?

    Answered almost 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....

  8. Personal Injury - the other party

    Answered almost 4 years ago.

    1. Gordon Ralph Levinson
    2. Darren O'Leary Aitken
    3. Noelle Marie Natoli
    4. Joseph A Blaszkow
    4 lawyer answers

    I agree with the above answers. Just make sure to fully cooperate with the attorney your insurance company hired for you. For example, if your attorney asks for permission to release your policy limits, give it to him or her. Also, if you are informed that the injuried pedestrians have made a demand to settle that is within your insurance limits, be sure to ask that the case be settled for that amount. If you that and the insurance company decides not to pay the demand, and if the matter...

  9. Protect personal property

    Answered about 4 years ago.

    1. Noelle Marie Natoli
    2. Steven Ronald Kuhn
    3. Darren O'Leary Aitken
    4. Joseph A Blaszkow
    4 lawyer answers

    In an ideal world, you would consult with the attorney retained by your insurance company first. He or she could advise you whether the claim is likely to exceed the policy limits, and by how much. This would be ideal since the cost would be borne by your auto insurance company. The insurance company will likely not retain a lawyer, however, until you are sued, which could be several months, or even two years, after the accident. If you feel you have substantial assets at risk, a quick...