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Richard Kurt Arbuckle
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Richard Arbuckle’s Answers

3,221 total


  • Do I have basis to sue McDonalds

    My wife picked up two happy meals at a drive thru at McDonalds for our grandchildren ages 4 and 2. Once she opened them, she saw someone had bent a paperclip around so that it was clipped to the bottom fold but with one end standing straight up wi...

    Richard’s Answer

    No claim against McD for several reasons. You can only sue for damages and there are none (thank God). McD did not authorize the booby trap, so only the unknown person who did it could be sued. But you owe it to other customers to make sure McD knows what happened. Then if it happens again and someone gets hurt, then McD could be sued for knowing this was going on and not doing something to stop it.

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  • How to get reparations for mental anguish and intentional infliction of emotional distress?

    THERE IS A COMPLETE STATEMENT OF FACTS AVAILABLE. We the Plaintiff would like for the defendant to be held accountable for the four counts of mental anguish and intentional infliction of emotional distress their actions have imposed upon the Plai...

    Richard’s Answer

    Getting mental anguish without physical injury is not easy under Texas law. You should do an AVVO search for a lawyer in your area to look at your facts. You may have a different kind of case than you think. If you can't find a lawyer to take the case, that probably tells you something.

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  • Can I name my mobile application Velcro?

    I am aware that there is a company called Velcro, but is it allowed to name an app Velcro under another company name?

    Richard’s Answer

    Everyone is right about talking to an attorney about whatever name you choose. But no you will not be able to use Velcro, and you don't need a consult to hear that. Here's the thing on trademarks, if you have something good to sell and you know how to sell it or get someone who does, then you don't want a name anything like someone's trademark. If you have a hit, you want a name that no one else can use. If you choose a name that is already similar to someone's trademark, then they are going to get to use that name. If you have a good product you want the name to be different so you can develop it into a brand. Don't dilute your brand before you even have one.

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  • Can I sue for product liability for a contaminated bone graft that caused my leg to be amputated?

    Here are the quick bullet points of my case: - 41 year old female with no major health issues and not diabetic. - Went walking and my left foot hurt after a few miles. - Went to the doctor, found out my left arch collapsed. - Did conservative ...

    Richard’s Answer

    Assuming you are still before the limitations period, you have a case, but a difficult case. Both medical businesses and product businesses have spent millions passing laws limiting your recovery in these kinds of cases, but you do have a potential claim and there are lawyers who will evaluate the claim. Look for someone who is board certified and does medical device and malpractice litigation. You may have to search here on AVVO.

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  • Will I be able to admit documents from NHTSA website into evidence about a vehicle recall?

    I know the information is relevant, but I'm concerned that an objection for "truth of the mattered asserted" might follow by the State. Other than hiring an attorney (which I cannot afford), how can I make sure this evidence is heard by the jury w...

    Richard’s Answer

    There may be several ways to approach it. We cannot give you advice on specific cases only general answers, and we would have to know details of what kind of case it is, what your documents say, and why you are wanting to put them before the jury. More than you could put in a question. Good luck.

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  • Are there any lawyers that do pro bono work

    Probation violation on a fourth Dwi

    Richard’s Answer

    Probably not on something like that. I have changed the practice area to criminal defense. Maybe someone there can give you more information on what to do.

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  • How much you charge for "court hearing" service?

    I was a UNNJ student in Houston and received Notice to Appear on April 05, 2016. Since I haven't found an attorney to take my case yet. But now my court date is set on 14 of July, 2016. So, I need an attorney to help me to go to court hearin...

    Richard’s Answer

    We are hear to answer general questions. We have agreed not to ask for business or give quotes in the question area of AVVO. You can look for an attorney by using AVVO's find a lawyer area and contact the lawyer directly. Try to find a lawyer who works in the kind of case you have.

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  • What does "Monday next" refer too when responding to complaints?

    I was served on Tuesday 6/21. The complaint states that a response is due the Monday next following the expiration of 20 days after I was served. The 20th day after I was served falls on Monday 7/11. Does this mean that my response is due by Monda...

    Richard’s Answer

    One of the stupidest rules on the books. It makes the time to respond between 21 and 27 days depending on when the defendant was served. Congratulations, you got the longer period.

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  • I have never been in trouble and I got to a car accident I hit the car when I was backing up I got insurance on the car the

    I have never been in trouble and I got to a car accident I hit the car when I was backing up I got insurance on the car but I have never had a drivers license the police were called and he gave me a citation on it says a minor accident what does ...

    Richard’s Answer

    Minor accident means the officer did not think it was serious. However, what the officer thinks really has no authority, so it doesn't really matter. Let the insurance company handle it.

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  • Can someone sue a pool monitor for not helping a child who was unconscious by not providing cpr?

    Ok a little girl drowned and was pulled out of the pool by her little sister, the pool monitor ran over to call 911 and by the time she got back to the scene the child was already being given cpr. And she is fine now no medical problems she became...

    Richard’s Answer

    First the girl's parents should raise holy you know what. Whoever was supposed to monitor was obviously unprepared and probably untrained. Second, if the girl suffered injuries from lack of oxygen that don't come up until later, the limitations period starts when she is 18, so there is time to wait, depending on her age. The girl does have a claim for the terror she went through before she became unconscious, but if she is OK now, a jury may not give enough to make it practical to bring a claim.

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