I was wondering if I can record the caregiver to prove that she is verbally abusing my dad?: Father in Adult home and he is complaining that the staff is verbally abusive to him.
Richard’s answer:
Elder abuse is pernicious and should not be tolerated.
"Secret" face to face recording from a legal perspective, depends on what state you are in.
Many states and Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. Often referred to as a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you (person making the recording) are a party to the conversation.
California law makes it a crime to record someone’s conversation secretly, with a few exceptions — and one of them, a state appeals court says, allows a parent to use a hidden cell phone to record her child’s talks with a babysitter suspected of abuse. In a case a mother’s recording led to the conviction of a 12-year-old babysitter for molesting his 4-year-old cousin. The defense lawyer argued that the recording was illegal because neither of the speakers had consented. But the Fifth District Court of Appeal held that a parent who reasonably fears harm to her child, particularly a young child, can consent to a secret recording on the child’s behalf. State law normally requires the consent of both parties to a conversation, but allows consent by one person who reasonably suspects the other of a serious crime. Lawmakers “could not have intended to deem a parent a criminal for eavesdropping on his or her child’s conversation under conditions like these,” Justice M. Bruce Smith said in the 3-0 ruling, the first on the issue by a California court. See People v. Trever P. (In re Trever P.), 14 Cal.App.5th 486.
You should contact an attorney familiar with elder abuse law for proper advice.
I broke my ankle on 8/20 My contract ended with ABM and was offered a job at same facility but job was rescinded. : I broke my ankle on 8/20 My contract ended with ABM and was offered a job at same facility but job was rescinded. Because I could not physically get some of the Onboarding done because of injury and miscommunication so now I am out of a job and not sure what to do at this point.
Richard’s answer: You have not provided enough information. If you were injured while at work, you need to contact a workers compensation attorney. They will be able to give you proper advice.
After a slip and fall should he have to use his vacation time for surgery. and pay out of pocket expenses?:
statute of limitation ending OCT 9..... we live ohio but he fell in las vegas. he slipped on wet unmarked floor. we filled out accident report with hotel but they would not return my call. he felt that he was ok just had a big knot on it but when we got home it progressively got worse, ended up having to have surgery and was off a few weeks. should we have had to pay out of pocket for anything? and should he have had to used his vacation time to be off??
tomorrow is the two year mark.. i wasnt sure whether to do ohio atty or nevada
would hire atty if worth doing so
Richard’s answer:
You indicate that the statute of limitations is October 9th, if that is true. You must contact an attorney immediately. There are certain time limits or deadlines for filing legal actions, it differs from state to state. A person seeking to recover damages for his or her injuries loses the right to such recovery unless one takes appropriate legal action within the required time, this is often called the Statute of Limitations. If one fails to comply with the appropriate time filing requirements, one can be barred from pursuing their claim and / or result in a dismissal of a claim once filed.
Hotel guests should be aware of certain laws and regulations or policies that could impact their visits. Special concerns affect the "hospitality industry" because its establishments hold their property open to the public at large. For hotels (collectively referred to as "innkeepers" under many state laws), duties owed to the public at large are based on the historic consideration that when weary travelers reached wayside inns as night approached, they were not to be arbitrarily turned away into the dark (the roads were filled with robbers) or otherwise subjected to the arbitrary mercy of the innkeeper with regard to prices or adequacy of quarters. Modern innkeepers' laws are mostly based on old English common law. And the laws vary from state to state.
With that said hotels are not liable for every accident, incident or loss that occurs on the premises, nor do they insure the absolute safety of every guest. Hotels do have a general duty to exercise "reasonable care" for the safety and security of their guests. Hotels have a general duty to reasonably protect guests from harm caused by other guests or non-guests.
Hotels are not liable for harm to person or property unless "fault" can be established against the hotel. With that said, slip and fall / trip and fall accidents are often very difficult personal injury claims to pursue. In a slip and fall / trip and fall claim, both the property owner and the injured victim can be held to varying degrees of responsibility, we often call this concept “comparative negligence.”
Nevertheless, slip and fall accidents are a major source of personal injury, causing permanent disabilities and deaths. It is estimated that slips, trips and falls kill more than 16,000 Americans each year. So the such accidents can have very serious consequences. If your back still hurts you really should seek medical attention, the sooner the better. Pain can be an indication of a serious injury.
Under California law and generally in most states to be legally accountable for a personal injury a victim has suffered from slipping, tripping and/or falling on someone else's property, the owner of the premises (or the entity in possession) or their employee or agent must have either caused the dangerous condition (spill, hole, open drainage, worn out areas, torn spot, wet conditions, building code violations or other property / design defects) Alternatively, if the land owner or one in possession of the property knew or should have known about the condition (through reasonable and timely inspections, i.e., discovered) but did nothing promptly about it, they can be held liable / accountable.
You need to contact an attorney in your state or where the incident occurred to determine the proper statute of limitations. I hope you still have time.
Good Luck