Alabama Recent Legal Answers from Lawyers

As far as liability is concerned, I'm not sure it is a "shoe in". It would be up to a judge to determine that. If you really want to sue, you will need to go to Small Claims Court. Call District Court and ask for Small Claims Division and they will provide you with all the info you need to do that. However, I would consider the costs of pursuing compared to the potential recovery and your chances of winning. You may be better off simply writing the manufacturer and setting out your complaints. You may find that they are more than willing to do what it takes to make you happy without going to court. Good luck.... Read More

If this will be a one time occurrence and you will surely return within a year, a reentry permit may not be necessary. On the other hand, if this is likely to be a recurring situation or you have doubts that you will be able to return within one year, it may be safer for you to apply for a reentry permit. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    ... Read More

He can legally tell you almost anything he wants. What he may not do is vary from the written sales agreement, so I suggest yo read your copy with care. A verbal promise, unsupported by consideration (i.e. payment of some sort) is not generally enforceable. But your state may have some particular laws relating to warranties on used vehicles, or warranties in general, which you can use. Contact your states Consumer Protection bureau. Such agencies are often housed in the Department of Justice, but as to vehicles there might be someone in the Department of Transportation. In Wisconsin we have the Department of Agriculture, Trade and Consumer Protection. Lemon laws are not, in my experience, very helpful. In any case, the one in Wisconsin on its ace applies only to new car purchases. However, nothing limits your ability to sue the dealer if you can demonstrate misrepresentation, fraud, or other actionable wrongdoing.... Read More

It is possible to sue, but I would need to know way more about the facts before I could give you an answer. I do know that you can get the union to write a letter of explanation to the credit reporting agencies and you can do the same so that it is on file. Consider consulting a consumer protection lawyer. Good luck.... Read More

I share your concern about the implications of this peculiar enactment, although, in my opinion, the problem is not about *your* rights: it is about your child's rights. Apparently, the school board did not have the benefit of an advice of a competent jurist and did not realize that their decision runs afoul of the XIII Amendment to the U.S. Constitution which forbids involuntary servitude, except as a court-imposed punishment for a crime. The school board is not likely to just say "Oh, sorry!" and cancel the offending decision: that would require presence of a working collective intelligence - a very rare bird, indeed! Like many of our public institutions, school boards are favored by pompous demagogues seeking both, venue and validation, of their ego trips. They will dismiss your concerns. If you persist, they will fight - and do everything they can to make you regret irking them. So, may I offer a couple of bits of advice? Decide now whether you want this fight. Backing down later, when the going will get tough, will cost you a lot of self-respect (and more of respect of your children) Find an attorney willing to step in if it becomes necessary. Local chapter of ACLU might be a good place to start your search. If they are not overwhelmed at the moment, they might even adopt your cause. Otherwise, ask them for a referral. Never threaten - just do. If you are ready to go to media, call the congressman's office, or file a law suit, don't tell the opposition, let them find out when you have done it. First of all, giving your opponents an advance notice of your actions reduces the effectiveness of your actions. Second, as arguments in a dispute, these threats *never* work. You see, your opponent might back down under such a threat only if he/she recognizes that he/she is wrong and needs to avoid judgment (of the public opinion, or of the major league public establishment, or of the court of law). This is why such threats are always perceived as insults: they imply that the threatened person does not honestly believe that her/his position is the right one and *knowingly* persists in upholding what is wrong. Third, what you plan might not work: media outlet might take the board's side, the congressman might refuse to interfere (or promise to help and never do it), the court might decline the case, etc. So, never threaten - just do. And, if you started a fight, don't pull punches.... Read More

You can always ask but you should have several reasons for the request. Since it is a private school and your child is only three years old so it is not likely you can claim the teacher is not competent academically to teach, I do not see how you would have any right to insist on any change. Even if it were a public school, you probably would have no right to insist on a change.... Read More

No, you as the victim may drop your charges at any time. The DA will threaten that he will prosecute you for filing a false report but they rarely do so. It is typically a tactic to get you to follow through with the case since they don't like to withdraw or dismiss cases. But even if they did charge you with filing a false report - it is not false. New evidence came to light that was in regards to why the incident happened.... Read More

You need a lawyer. Call one today. You need to file for divorce and get the "ball" moving. Her being pregnant and still being married to you could result in you being the legal father. You will need to file for divorce, have a guardian ad litem appointed to represent the unborn child. The GAL will have DNA testing done prior to the finalization of your divorce and you will be adjudicated NOT to be the legal father during that process. If what you believe is true, you would be the candidate for custody of your children during your OWN divorce.... Read More

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.... Read More

This question is remarkably similar to one I answered just recently. You collect by hiring a lawyer. You begin by hiring a lawyer. You ask if the store liable but you don't give us any information as to how the slip and fall occurred. The store could well be liable, but only if they were negligent and you have to be able to prove it. Even then, many stores resist claims no matter how legitiamate they are, because they are afraid of encouraging bogus claims.... Read More