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Dog Bites Dog..In Need Of Legal Advice?
Long Story Short...In My House Are 4 Girls And 5 Dogs. Two Of The Dogs Owned By My Roommate Constantly Bite At My Dogs Face. My Dog Never Did Anything Till The Hundredth Time. The Incident Was The Little Dog Bit My Dog In The Face And My Dog Bit The Little Dong Back. He Caused Damage And My Roommate Expressed Feelings Of Being Scared Of The Bigger Dog So I Surrendered Him To The Humane Society. Now My Roommate Wants Me To Pay For The Damages To Her Dog...Am I Responsible Even Though Her Dog Instigated It? The Dogs Were In The Apartment When The Bite Happened. Both Me And My Roommate Were There. There Has Never Been An Issue With My Dog Before And From My Roommates Mouth, &Quot;Your Dog(Biter) Is Like My Dogs(One That Got Bit) Best Friend, They Play Together All The Time.&Quot;
If you need legal advice on a dog bite then you need to contact a lawyer who knows the dog laws in your area. Laws regarding dog bites vary so greatly from one community to another that someone else who has had the exact same thing happen might have a totally different legal outcome. The real problem here is that it is probably going to come down to your word vs hers. Since the bite happened on private property that you both share there was no leash law violation. Frankly if I were in your shoes I would not have allowed the other dog to interact with my dog with the history of the other dog biting like that. Every dog has a bite threshold...a point at which they can't take any more and they bite back. It wasn't fair to your dog to put him in that situation again and again and ultimately he paid the price for your mistake. You might try pointing out to her that her dog had a history of attacking your dog and that your dog was defending himself in this interaction. You might also point out that you got rid of your dog because she was unable to control her dog.
Legal Advice For Assistance Dogs?
Okay, I Have A Question. I Am Finding Myself Getting More And More Housebound Due To An Incident. I Moved From The Problem Area To The City And Am Pretty Settled But I Am Finding It Harder And Harder To Leave The House Without My Dog. I Spoke To Ideas-Disability Information Service And Told Them And They Put Me Onto D.A.D.S Which Train Your Own Dog To Be A Service Dog But It Seems That Its Only Fo
R People With Physical Disabilites. I Decided To Put In An Application Anyway But You Have To Email Them With Basically An Essay As To Why They Should Help You With No Guidance As To What To Say Or Do. Has Anyone Else Had This Problem And If Not From A Professional Or Personal Point Of View What Could I Say Or Do. I Need To Get This Sorted Because Centrelink Want Me To Look For Work And I Really Want To Work But My Life Revolves Around Where My Dog Can And Cant Go.
You're putting the cart before the horse.
First, you need to figure out if you even qualify to have a service dog.
Your mental condition would have to be long standing and thoroughly documented by, if possible, more than one mental health professional. You would have had tried numerous medications, for a few weeks to months each, with documented proof they didn't work. The mental condition would have to substantially effect your life adversely every day, not occasionally. Your condition would have to fall under the Americans With Disabilities Act determination of a legal disability.
No Dr can write you a prescription for a service dog if you don't qualify.
If you pass the first step of being considered legally disabled under the ADA, step two would be "Is there a physical task which a service dog can perform that would mitigate your disability". The task must be directly related to your disability. If you had PTSD you couldn't have a service dog that picked up dropped items since that's not directly related to your disability. Poor hearing and vision that is improved by glasses or hearing aids would not be something that would justify the use of a service dog.
Only If you meet both qualifications can you legally have a service dog.
Providing comfort is not a legitimate task. Making someone feel better/more secure isn't a legal task. All "feel good or comfort" needs are fulfilled by Emotional Support Animals which do not have the same public access rights as service dogs and are not protected by the ADA. They are easier to qualify for though.
Having a service dog when unqualified, or placing a service dog best on a pet (a fake service dog) is considered federal fraud and you could face up to a year in jail, fines up to $20,000, high lawyer fees and confiscation of your dog.
Although I've never heard of DADS, if they want an essay, they want it from you, not someone else. Explain to them your condition and why you feel you need a service dog. They know the legal qualifications. Unfortunately, if they don't think you qualify, they won't approve you.
Wrongful Death, Insurance Responsabality?
My Mother Recently Died From Complications From An Auto Accident. She Was A Passenger In A Friends Car. She Only Had Burial Insurance And Now We Find Out That Medicare Will Require Reimbursement For Anything They Pay Out. The Friend Driving The Car Had $100,000.00 Medical Cap On Her Insurance And The Hospital Bill Alone Is Right At $75,000.00. Is There Any Other Responsibility Of The Insurance Company Past The Medical Cap? Any Help Would Certainly Be Appreciated
What is the liability coverage for the accident? While there may be a medical cap of $100K, is that the entire cap for personal injury?
Plus, a wrongful death action (also called a "survivor's action") is separate from the medical expenses/bills, so you need to determine whether there is a larger policy.
Also, was another vehicle involved in the accident?
But, if your friend's insurance policy covers $100K total (including meds) for a single incident, then that's all you can get.
Sue all parties involved in the accident and let the insurance company's deal with it. But the insurance company is only responsible up to the limit of the coverage and you can't get anything else. If the friend has assets, I'd make sure that they aren't fraudulently conveyed away.
Need Some Legal Advice ? Help?
My Father Age 72 Had A Stroke After Having A Open Heart Surgery Then Was Bleeding From The Brain Afterwards They Had To Open His Head And Stop The Bleeding . Before The Heart Surgery He Had Sign A Proxy To His One Of His Daughter From A Different Marriage, However He Explained To My Mom Before That On The Proxy My Mom Is On The Paper. We Found Out My Mom Wasn'T On The Proxy Instead His Ex Wife Is On It . Something My Father Tells Us Is A Lie Because He Wouldn'T Do That. After Everything That Happen His Daughter Put Him In A Nursing Home My Mother My Father Wife Of 25Years Since Then Has Been By His Side Taking Care Of Him. They Had Cause Many Arguments With My Mom, Verbally Abusing Her Insulting Her, My Father Who Is Mentally Sable To Make His Own Decision Saw Everything That Was Going On And Was Very Upset So He Change The Proxy To My Mom . Now There'S A Big Disput Because His Other Kids Wanted The Proxy Power Because The Wanted Him In A Nursing Home, Because They Don'T Care About Him And Only After His Money (Already Took 50,000 Out His Account And Taken Money Out A Safe My Father Had In A House He Owns) . A Very Close Family Member Has Told Is That They Are Trying To Sue My Mom Saying His Abuses My Father Psychically, Mistreats Him, And Doesn'T Change Him Or Take Care Of Him . When Since My Father First Enter The Hospital My Mother Has Been The Only One By His Side Nursing Him To Health . He Always Lived With Us All My Life . It'S Obvious My Father Hasn'T Been Abused, Actually My Father Doing Really Well Doctor Never Thought He'D Be Able To Walk Or Do Half The Thing His Been Doing . Someone Give Me Some Advice What Can Be Done ?
1 Take a good look at the first proxy to see if it was real...not "photo shopped" and, who are the witnesses.???
#2 Your Dad's estate, even under the 1st Proxy [if it is real] was in a frozen Status, and no one had any authority to touch any of his assets, records or property...ie: He's alive and kicking... :)
#3 Charge the ones that raided the $50,000 with theft and fraud, and for removing stuff from his safe without a "inventory lawyer present." ?? what state are you in ???
#4 make sure the new Proxy was witnessed properly, if not...get a new one.
#5. Buy a "digital tape recorder" very small...not seen by others about $100. and have it going every time you're in contact with the enemy. You may plug it into your computer and it will give you a printout of the conversation... :)
I'll help you if you wish... just for fum..
Pete Email: Robinhoodandassociates@yahoo.ca
Full Custody Versus Joint Custody?
My Now Ex-Husband Told Me I Couldn'T Have Full Custody Because We Had A Parenting Plan. It Had To Be Listed On The Legal Papers As Joint Custody Subject To The Parenting Plan. Is This True? I Think He May Have Pulled One Over On Me.
Joint custody is the standard now. I was involved in the passage of those laws in the late 80s and early 90s. Currently I promote Bird Nesting.
It’s a form of access or custody where the children stay in the former family residence and it is the parents who rotate in and out separately and on a negotiated schedule.
The children simply live at "home" and the separated or divorced parents take turns living with them there, but never at the same time.
The core element of this arrangement is that each parent maintains a separate residence where they live when it is not their turn at the "bird's nest". When one parent arrives for his/her designated time, the other vacates right away, so as to minimize or eliminate the presence of both at the same time.
At times, bird's nest access can be coupled with specified access with the other parent say, for example, for dinner one night a week.
Sometimes, this form of access or custody will end when the youngest child reaches the age of majority at which time, one parent either buys the other out of their interest, if any, in the former family residence, or it is sold and the proceeds divided pursuant to the matrimonial property regime or separation agreement.
The arrangement can be expensive as it generally requires that three separate residences be maintained, the "nest" and a separate residence for each parent.
The concept is somewhat novel and appears to have as its origin a Virginia case Lamont v Lamont.
In Canada, Greenough v Greenough was a ground-breaker case in that the Court implemented a bird's nest custody order even though it had not been asked for by either party. Justice Quinn, in Greenough stated:
"In Lamont ... the court made a bird’s nest custody arrangement in which the children (aged 3 and 5 years) remained in the home, with the mother staying in the home during the week and the father on the weekend. I think that the benefits of a bird’s nest order are best achieved where the children are able to stay in the matrimonial home, particularly if it has been the only residence that they have known....
"Time and time again I have seen cases (and this is one) where the children are being treated as Frisbees. In general, parents do not seem to appreciate the gross disruption to which children are subjected where one of the parents has frequent access. In this regard, I do not believe there must be evidence that the children are suffering before the court is free to act. To me, it is a matter of common sense. At the risk of falling prey to simplistic generalities, I am of the view that, given a choice, I do not see why anyone would select a living arrangement which involved so much movement from house to house."
I Installed Some Stonework For A Customer On Bank Budget And The Contractor/Owner Overspent The Money And To Make A Long Story Short, I Was Never Paid...
So After Endless Negotiations I Want To Remove All My Material...I Want The Police To Be Present When I Am Removing The Installed Items...
Do I Need To Go To Court Or Do I Need To Call The Police Department In Order To Do This?
Thank You For Your Help
Depends on what state you're in, but regardless, you obviously don't have a license or you would know the procedures for doing work, i.e. filing a mechanics' lien before you even buy your materials.
Now that you have completed the work, if there is any cement or concrete or any manner in which it is attached to the structure OR permanently affixed to the ground, you cannot touch it. In fact, even going onto the property now amounts to a trespass.
It's a civil matter now, the police will tell you so unless they are complete idiots.
you are going to have to sue whoever it is who hired you. since you are not a licensed contractor, you cannot file a lien.
see if you can work out some kind of payment plan and for heaven's sake, in the future make sure that your terms are clearly CIFIA - cash in fist in advance.