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Steve C Franklin
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Steve Franklin’s Answers

55 total


  • In Washington state do pedestrians have the right of way in a parking lot

    I'm being told that pedestrians always have the right of way in parking lots ??????

    Steve’s Answer

    Parking lots are an unusual animal in terms of determining what rules of the road apply. Specifically, because our laws refer to roadways and highways, not parking lots which are usually privately owned and maintained. RCW 46.61.230 is where to start regarding the regular rules for pedestrians, however these are not applied to parking lots. In a parking lot, "ordinary care" would apply - which in and of itself involves a variety of considerations to include the common understanding of objectively reasonable people. So I would disagree that a pedestrian would always have the right of way in a parking lot. Although, I think in general, there is a presumption that they do. However, the pedestrian also has to use ordinary care and can't just stop in front of a moving car and claim the driver was at fault. I'm moving this question to personal injury because I think the attorneys in that field will have a better sense of your question.

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  • Is there a case for personal injury or child endangerment or both?

    My children (age 6 and 8) were dropped off by the school bus 15 minutes earlier than the time notified by the school district, for 2-3 days a week, for the past several weeks, and left unsupervised on the street. Within 2 miles area, just a few y...

    Steve’s Answer

    Keep in mind, that as a parent if you believe your child is being left in a potentially dangerous situation you have a responsibility as well. Furthermore, it is likely that your claim that being dropped off early caused your child to slip and fall in ice is very speculative, couldn't her slip and fall have happened regardless of when she was dropped off? I believe you would have a difficult time finding any attorney interested in pursuing this type of claim. Now, with respect to the slip and fall there can potentially be a claim there depending on how and where it occurred.

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  • What happens if u lie about custody to the police to get your way. And then u show the crown that i have custody.

    Then says u are a threat to the kids ? What could happen

    Steve’s Answer

    Given these facts its really hard to answer the question "what could happen?" I imagine, almost anything. Is the Crown speaking?

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  • I received a letter from a lawyer asking me for my business insurance information saying that a patron was burned with hot water

    I received a letter from lawyer thru regular mail requesting my business insurance information to file a claim for a client that retained them because she claims she was burned with hot water during salon visit. What should I do?

    Steve’s Answer

    Notify your insurance company ASAP. They will handle this matter if you have coverage and provide you with an attorney if there is a lawsuit.

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  • Adultery

    My wife became involved in a romantic relationship with her employer, and they got broke up because she realized that she don't want to lose her family. I met her employer in person when my wife applying for a job as a caregiver. He knows that I'm...

    Steve’s Answer

    I do not fully understand your question. You cannot bring a case for adultery (alienation of affection) in Washington. See Wyman v. Wallace, 94 Wash. 2d 99, 105, 615 P.2d 452, 455 (1980). If you have concerns about harassment you could look into a restraining order.

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  • In a Motion to Vacate do I need to have the

    complete transcript (from a trial-Modification)

    Steve’s Answer

    A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. It has to be based on one of the specific reasons set forth in Civil Rule 60. A Motion to Vacate may be filed in Superior Court or in a court of limited jurisdiction such as district court. A motion to vacate is not an appeal, usually you have to be able to claim that you did not have notice of an action and that you would otherwise have a defense to the action.

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  • Can my attorney charge a third of the medical bills covered under PIP by my auto insurance?

    We settled with the other person's insurance for the policy max. There's no dispute on fees there because that money was actually recovered. My attorney is asking for 1/3 of the money paid by my auto insurance under PIP because they chose not to s...

    Steve’s Answer

    Regardless of fee contracts, the attorney fees that are charged must always be reasonable. There are some attorneys who will regularly take a contingent fee which exceeds (greatly) their client's recovery. Other attorneys will go out of there way to make sure the client recovers more than the attorney. There are a number of variables that come in to play in determining whether a fee is reasonable, including the difficulty of the case and the risk involved. You can always contact the WSBA for guidance related to your concern about the fee being charged. Without knowing more info, it seems odd that you would be paying a fee on this PIP "waiver" while the UIM claim is still pending.

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  • Does the post 9/11 GI Bill pay for public law school?

    Currently in my first year of law school at the University of Florida and awoke to a surprise. That surprise was a financial hold due to unpaid tuition. The hold is for approximately two-thirds, or twelve thousand dollars of the total amount of tu...

    Steve’s Answer

    Hey there, good luck in law school. The benefits and rules for the Post 9-11 GI bill are spelled out pretty clearly. You might have to do a little investigating and follow up to figure out what's going on, which I'm sure you've had to do many times in your military and collegiate career thus far. If you have the entitlement for the benefits your seeking and you've properly followed all the procedures you won't have a problem. http://www.benefits.va.gov/gibill/post911_gibill.asp

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  • Minor car accident while i was about 8 months pregnant. Should I sue or do I not have a case ?

    I was in a parking lot behind this pick up truck waiting for him to cross into on coming traffic. His vehicle was too far out into the road so he went in reverse and backed into my car. I was honking the horn to tell him to stop reversing before h...

    Steve’s Answer

    Hello! Sorry to hear about this troubling situation. Glad to hear the baby is OK. A lot of people believe they have to sue someone to bring a claim for damages. The fact is the vast majority of cases are settled with resorting to litigation. I recommend you have a free consultation with a personal injury attorney so you can better understand your circumstances. That way you can make an informed decision about what you can claim, the strength or weakness of your claim, and the best way to proceed.

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