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Darren M. Tobin

Darren Tobin’s Answers

18 total

  • Should a home owner who knows that you will be exposed to LEAD paint when he hires you to do work on his home tell you?

    I was hired to pre and paint the exterior of a house.I pressuer washed and stared scapping and sanding off the old paint. After svereal days of working I stared feeling sick.I started thinking this may be LEAD paint,I went to Home Depto and got a ...

    Darren’s Answer

    You may well have a claim under a Georgia Statute - O.C.G.A 31-41-1 and the statutes that follow. You should consult with a personal injury attorney here in Georgia to determine if you indeed have a case. Please remember that I do not normally monitor these questions after I have posted a reply but feel free to contact me as indicated below.

    Complimentary phone consultations
    Darren Tobin
    Childers, Schlueter & Smith, LLC
    1932 North Druid Hills Rd., Suite 100
    Atlanta, Georgia
    404.419.9500 or toll free 800.641.0098

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  • What type of lawyer do I need?

    My husband abd I had some denatl work done. THe office manager at the dental office is a family member. We were told that the dental work being done to us was free by the offifce manager. Well come to find out it was a lie and now the dentist is e...

    Darren’s Answer

    What you are asking is technically more of a consumer debt/collection matter. I would suggest you speak with an attorney who handles debt matters, but as a preliminary starting point I would suggest you at least try and negotiate a settlement with the dentist. Perhaps you can work out an arrangement that suits both of you. Good luck.

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  • Can I sue a gum company after finding a piece of metal in the gum I was chewing

    I was chewing it when I felt something poke the side of my mouth. It was a little triangle shaped piece of metal

    Darren’s Answer

    Unfortunately, believe it or not these things happen more often than we may realize. However, based on your question it looks like you did not suffer any damages, and therefore no, you do not have a case. Here's why: in any case in which you’re claiming negligence, four elements must be established: (1) duty (2) breach of that duty (3) causation of harm, and (4) damages. Every injury case must include liability - someone did something that is considered negligent. The case also requires damages that were caused by that negligence. Did you suffer in any way like bleeding in youtr mouth? While what happened to you is wrong, you will have a difficult time proving damages if you did not get hurt. Having said this, you should still consult with an attorney for a free consultation and you may want to contact the manufacturer of the gum and the store where the product was purchased, and notify them of what happened. Also, you may be able to recover a small claim. I wish you the best of luck.

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  • Can I sue my neighbor for getting attacked by their two pitbulls?.

    I was walking out of my house when their two pitbulls charged on to my porch attacking me.Leaving me to fend them off and protect my wife. I have at least 6 deep bites/cuts. They should not have been outside of their gate let alone running wild. ...

    Darren’s Answer

    The quick answer is, yes you can. Each state has different laws regarding dogs and leash law violations. However, your neighbor had a duty to prevent their dogs from attacking. This is a clear case. You should consult with a personal injury attorney who is familiar with dog bites in Wisconsin. Good luck.

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  • My husband leaves at night to be with other woman comes back next afternoon to have dinner as a family could that be.

    we have four children together what are my rights.

    Darren’s Answer

    Each state has different laws governing divorce. In terms of personal injury, you must be able to show damages. Other than being a poor husband, I don't know what you will be able to establish in terms of a wrong committed by your husband.

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  • If your in an accident and you exchange insurance and then leave the scene before the cops come can you get in trouble?

    if your in an accident and you exchange insurance information the cops is taking too long to come can you leave the scene after exchange insurance?

    Darren’s Answer

    The simple answer is you should wait, but if you didn't you probably are fine. You should wait for the police as the policeman will prepare an accident report and give citations if necessary. Having said that you have an obligation to exchange driver and insurance information before leaving the scene or else you could be charged with fleeing the scene of an accident which is a serious offense.
    Here are some tips if you have been in a car crash:
    1.First and foremost, if anyone needs emergency medical attention, call 911.
    2.Call the police. When the officer arrives, he/she will know exactly what to do. They will gather information from all the drivers involved and witnesses.
    3.Do not forget to gather the other driver’s information yourself, including contact information, VIN numbers, license plate number, and insurance information.
    4.It is also highly recommended that if you have a camera, you should take pictures of the accident scene and of the cars involved. Take pictures of skid marks and any other part of the accident scene. You also want to take pictures of bruises or marks that were a result of the car accident.
    5.If you have an injury from the car accident, you should see a doctor. Car accidents can result in extremely serious injuries. Some injuries do not become apparent until afterwards. 6.Do not admit fault. In some circumstances, you may be tempted to admit fault without knowing all the facts surrounding the accident.
    7.Do not sign any papers without understanding what you are signing.

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  • What is the statue of limitations for personal injury claim in Arizona?

    I was injured while riding my motorcycle in December of last year. I am consulting with an attorney in regards to a possible lawsuit right now. However, I wanted to find out what the statue of limitations is in regards to our claim. I want to mak...

    Darren’s Answer

    If you are working with an attorney I am quite confident that he or she will not make the mistake of missing the deadline by which to file your suit. In most states, the SOL (Statute of Limitations) is 2 years for a personal injury action (it differs in other areas of the law.) However, each state is different. In Arizona, the statute of limitations for a personal injury action is 2 years after it accrues. Again, speak with your attorney as I doubt he is simply waiting around. Good luck.

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  • Can I sue for breaking up my marriage

    My wife recently was in an affair with an adjunct professor. Can I sue the institution as well as him for breaking up the marriage? The state is SC. The affair went on for 6-7 months. I have evidence. I am in the divorce process now.

    Darren’s Answer

    I'm sorry to hear about your wife's affair. Each state is governed by laws in that state. In South Carolina, as you are probably aware given that you have started the divorce proceeding, you can file on the grounds of "no-fault divorce". In your case, you will want to consult with a family law attorney to make a sound strategic decision whether to allege the reason for the divorce is because of adultery or simply no-fault. It may help provide leverage if you do not accuse your wife of adultery as court documents are generally available to the public and not exposing her may translate to a better settlement for you.
    In terms of suing the institution for breaking up your marriage, you may have a difficult time proving the elements required for damages though you certainly should consult with an attorney well-versed in personal injury law in your state of South Carolina. Again, each state has its own laws. Best of luck.

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