Torts Legal Questions

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31 legal questions have been posted about torts by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include mass torts, and negligence. All topics and other states can be accessed in the dropdowns below.
Torts Questions & Legal Answers
Do you have any Torts questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 31 previously answered Torts questions.

Recent Legal Answers

Neighbor's grape plant

Answered 9 months ago by attorney Thomas Weiss   |   1 Answer
Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the encroachment, seek a permanent injunction and damages.  Should you wish to proceed, we can help.  Prior to commencing suit, we can send a letter asking her to remove the encroachment.... Read More
Your neighbor's grape plants are encroaching onto your property.  You can bring a legal action to require your neighbor to remove the... Read More

My son hit his head on the school bus and split it open

Answered a year and 5 months ago by attorney Gilbert Borman   |   1 Answer
Obviously, a blow to the head can be very serious. It makes sense to monitor him to see what if any long term harm has taken place. Be sure to report this to the school if they don't already know. If there are any long terms costs for medical care or any long term injury to your son, you can possibly sue for damages (depending on where and how he was sitting and where he hit is head. both the bus manufacturer and the school are potential defendants ... Read More
Obviously, a blow to the head can be very serious. It makes sense to monitor him to see what if any long term harm has taken place. Be sure to report... Read More

company contract issue

Answered 2 years and 3 months ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
If a corporation is engaged in tortious conduct, which is intentional conduct that causes injury, responsible persons in the company can be held liable.   In this case, the tort would be conversion which is essentially civil theft.   I trust that answers your question but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More
If a corporation is engaged in tortious conduct, which is intentional conduct that causes injury, responsible persons in the company can be held... Read More

Bloody package

Answered 2 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
It is evidence. What the substance is will determine what, if any, case you have.  
It is evidence. What the substance is will determine what, if any, case you have.  

Sueing a township

Answered 2 years and 8 months ago by attorney Gilbert Borman   |   1 Answer
No matter how many bad things the township does, unless you and your neighbors would have to be able to fund litigation amounting to many tens of thousands of dollars. You would need to get injunctive relief and then, if you get that, then sustain challenges to the relief from both the township and the gravel pit owners. This would be a very big and very expensive fight.... Read More
No matter how many bad things the township does, unless you and your neighbors would have to be able to fund litigation amounting to many tens of... Read More
This is a question of government immunity and causality. You have prove the road repairs caused the damage, then you have to convince the court that government immunity does not apply. In the past, Michigan courts have allowed a wrongful death case to be upheld for a negligent repair. This is not an easy case to win. Good luck. ... Read More
This is a question of government immunity and causality. You have prove the road repairs caused the damage, then you have to convince the court that... Read More

Can I sue for a spider being in our drink

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
Yes this is a matter that can be the basis of a lawsuit. You can either either find an attorney via the Michigan Bar Referal Service at 800 968-0738 or would be happy to refer you to someone.
Yes this is a matter that can be the basis of a lawsuit. You can either either find an attorney via the Michigan Bar Referal Service at 800 968-0738... Read More

do we have a case? who do i call?

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
You potentially have a case. You need an experienced tort and strict liability attorney against the hotel and the driver of the car that hit you. You can call legal aid or Michigan lawyer referal or I can recommend someone for you. 
You potentially have a case. You need an experienced tort and strict liability attorney against the hotel and the driver of the car that hit you. You... Read More

what steps do i take from here

Answered 3 years ago by attorney Gilbert Borman   |   1 Answer
Whether you have insurance or not, any damage to the property can be recovered from the driver's insurance policy or from the driver personally. In terms of the repairs to the property, your landlord may have insurance from this but they also have a claim against the driver. However, since you did not have renter's insurance, your landlord can look to you for damages on this incident. By not having insurance, you technically breached the lease. Depending on how much damage there is and the insurance of the car involved, you would be wise to find a lawyer to represent you on this. This is not a simple matter. You would be wise to get estimates on the repairs and you need to notify the landlord and the insurance company for the driver of any claim you have. The sooner the better. Good luck.... Read More
Whether you have insurance or not, any damage to the property can be recovered from the driver's insurance policy or from the driver personally. In... Read More

Can I claim opioid settlement money as a victim?

Answered 3 years and 4 months ago by attorney Gilbert Borman   |   1 Answer
I think you will need a Nevada attorney to assert your rights.
I think you will need a Nevada attorney to assert your rights.
Go back and get photos of the relevant signage at the carwash- posted signs may hurt your case. Otherwise this is a straight negligence action. I suggest you hire counsel for this.
Go back and get photos of the relevant signage at the carwash- posted signs may hurt your case. Otherwise this is a straight negligence action. I... Read More

Can I sue

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
On its face the statement if false is defamatory. Whether you will be able to win the case will depend on whether you can prove it or not.
On its face the statement if false is defamatory. Whether you will be able to win the case will depend on whether you can prove it or not.
This is a very interesting legal question that requires some research. The question is whether your request to do a wellfare check created a duty or not.  You should definitely seek legal counsel on this matter.
This is a very interesting legal question that requires some research. The question is whether your request to do a wellfare check created a duty or... Read More

how do I know If I have a defamation suit?

Answered 4 years and a month ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer
The elements of defamation are a false statement that the speaker knew or should have known was false, made to third parties, which caused the plaintiff damages. Based on the above you may have a claim, but a consultation with counsel is necessary to determine all the facts and whether pursuing such a claim survives the cost benefit analysis. I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read More
The elements of defamation are a false statement that the speaker knew or should have known was false, made to third parties, which caused the... Read More

Can the parents of minors be charged in a civil case?

Answered 4 years and 5 months ago by attorney Bruce Robins   |   1 Answer
Nobody is "charged" in a civil case, but in some circumstances parents can be legally responsible for their children's wrongful actions (i.e. have to pay the damages caused by such actions).
Nobody is "charged" in a civil case, but in some circumstances parents can be legally responsible for their children's wrongful actions (i.e. have to... Read More
You have a case against the storage company and are probably entitled to compensation. You do have a duty to mitigate damages but your health is an issue. You are probably looking at a total loss. If you can get help to go through and salvage what you can, you should do so, if you can't the property will have to be disposed. ... Read More
You have a case against the storage company and are probably entitled to compensation. You do have a duty to mitigate damages but your health is an... Read More
First, the good news is your boyfriend is ok. You should seek legal counsel regarding this matter. The injury was very serious, potentially fatal. Save your receipt from the transaction if you still have it and take pictures of the package and any remaining cookies. 
First, the good news is your boyfriend is ok. You should seek legal counsel regarding this matter. The injury was very serious, potentially fatal.... Read More
In almost every instance, a civil case requires not only that the other party has done something wrong, but that the wrongdoing has damaged the claimant.  Your companion suffered no damages here beyond the price of the meal. 
In almost every instance, a civil case requires not only that the other party has done something wrong, but that the wrongdoing has damaged the... Read More
No privacy rights were violated, you were out in public, and btw if you were in a casino you must have showed up on dozens of video cameras that monitor activity in every casino.  In any event, it wasn't the camera that got you in trouble; the worker could have, and no doubt would have, told your gf even if she hadn't taken a photo.... Read More
No privacy rights were violated, you were out in public, and btw if you were in a casino you must have showed up on dozens of video cameras that... Read More
Generally, NO. This all depends on the contracts for the plots however, and who currently "owns" them so to speak. You need to retain a lawyer ASAP if the bodies were disinsterred. You can call our office at 813-243-9233 to discuss further if you like. 
Generally, NO. This all depends on the contracts for the plots however, and who currently "owns" them so to speak. You need to retain a lawyer ASAP... Read More
Difficult case simply because of expense vs. value.  
Difficult case simply because of expense vs. value.  
Possibly. Lets start with the Postmaster General saw the tape evidence, agreed and the mail carriers at issue were fired and being prosecuted, yes?
Possibly. Lets start with the Postmaster General saw the tape evidence, agreed and the mail carriers at issue were fired and being prosecuted, yes?

Do I need a lawyer? Can you recommend one?

Answered 5 years and a month ago by Mr. Mike Gallegos (Unclaimed Profile)   |   1 Answer
Yes you sold get legal counsel
Yes you sold get legal counsel

Torts

Answered 5 years and 2 months ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer
So sorry to hear what happened to you.  Your first step should be to hire an experienced personal injury lawsuit.  No one will take your case seriously if you are representing yourself.  More importantly, there are very strict deadlines with applying for no-fault insurance benefits and filing claims with MVAIC (a state agency for filing claims when injured by an uninsured vehicle) which makes hiring a lawyer all the more imporant.  Finally, if you're not doing so already, get medical treatment for your injuries.     Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More
So sorry to hear what happened to you.  Your first step should be to hire an experienced personal injury lawsuit.  No one will take your... Read More
Your question as phrased is unintelligible and therefore cannot answered. We do offer free phone consultations at 1-800-922-6442 if that might help.
Your question as phrased is unintelligible and therefore cannot answered. We do offer free phone consultations at 1-800-922-6442 if that might help.