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Questions Answered by Robert D. Kreisman
2 Answers | Asked in Personal Injury for Illinois on
Q: If a contractor is injured on your property can they sue you?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 20, 2017

It would depend on how the person was injured.

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2 Answers | Asked in Medical Malpractice for Illinois on
Q: Is a prescription drug error considered medical malpractice?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 10, 2017

Anyone who is involved with prescribing medications can be liable for prescription drug errors. This includes physicians, nurses, hospitals, the pharmacy departments in the hospitals, pharmacists, and the pharmaceutical manufacturer.

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1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: What is the standard of care that applies to nursing home staff?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 10, 2017

The same general standard of care applies to all professionals including nursing home nurses, nurse practitioners, LPNs, CNAs, etc., that is, the same degree of knowledge, skill and ability as an ordinarily careful professional would exercise under similar circumstances.

1 Answer | Asked in Products Liability for Texas on
Q: If you have a faulty medical device implanted is the doctor or the manufacturer responsible?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Apr 10, 2017

If the only cause of your injury is the defective product, then the manufacturer, distributor could held liable. On the other hand had the doctor known that this product was defective, recalled or otherwise unsuitable for implantation, then this could be a deviation from the standard of care... View More

2 Answers | Asked in Personal Injury, Products Liability and Employment Discrimination for New Jersey on
Q: Can a record telephone conversation which is with consent of one of the callers be used by the latter for

use in a civil case beteen the same two parties.

Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 10, 2017

Federal law and many state wiretapping statutes, including Illinois, permit recording if one party (including you) to the phone call or conversation consents. Other states require that all parties to the communication consent.

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2 Answers | Asked in Personal Injury for Illinois on
Q: I had to miss a lot of work and got fired after my car accident. Can I sue the other driver for back pay?
Robert D. Kreisman
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Robert D. Kreisman
answered on Apr 4, 2017

If the other driver caused the crash and you were injured, your damages could include your past and future medical expenses, past and future lost time/wages from work, past and future pain and suffering, loss of normal life, disfigurement and other specific damages if proven.

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1 Answer | Asked in Civil Litigation, Libel & Slander and Probate for Illinois on
Q: My deceased fathers girlfriend is claiming his property. As his independent administrator how do i retrieve it?

She changed ALL locks after dad died. I have personal property on the premises as well and have also stayed there. The land lord is turning a blind eye and attempting to be uninvolved because the building is now up for sale anyway. I need to gain access and retrieve HIS AND MY things.... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 30, 2017

Because of the resistance being made the only way to legally move this girlfriend out of the way is to open a probate estate and have yourself or a family member appointed administrator of the estate. That way you will have the court's authority to take possession of your dad's property,... View More

1 Answer | Asked in Civil Litigation and Small Claims for Illinois on
Q: Is cook county small claims court rules more relaxed or difficult

In small claims court in cook county are planiff's cases required to provide proof without a resonsable doubt or just prove its more likely to be true then not? I read there is no discovery allowed.So in a case with a business that refuses to communicate and without them having their staff in... View More

Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 25, 2017

The burden of proof in most, but not all civil lawsuits is a preponderance of evidence (more probably true than not true). Beyond a reasonable doubt is the burden of proof the state/government would have to reach in any criminal case. Small claims courts do not prevent a litigant from serving a... View More

1 Answer | Asked in Civil Litigation, Contracts and Business Law for Illinois on
Q: Can you be sued for sharing your experience with a business?

I did business with a facility that I've since learned was not honest with me. They have a non disparaging clause that states you cannot say anyhing negative about them that may hurt their reputation or business in their paperwork all customers sign. I'd like to share my story and/or... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 25, 2017

The only way to know or to render a legal opinion would be if you had an experienced contract lawyer review whatever employment contract or other agreement you are referring to that you believe legally prevents you and its binding on you from commenting about this business.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Consumer Law for Illinois on
Q: If I cancel after minimum notice period in contract, am I liable to pay vendor for services not performed?

The contract is governed by Illinois State Law.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 23, 2017

Whether you would be required to pay for services not received is dependent on the terms of the contract. There is a principle of law called unjust enrichment where a party receives a windfall or is unjustly enriched. However, if the contract is specific and enforceable, you could be held liable.... View More

1 Answer | Asked in Medical Malpractice for Illinois on
Q: My mother acquired a staph infection during a hospital stay - what is the hospital's obligation here?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 19, 2017

Hospital-borne infections has become a kind of national epidemic in some locales. The obligation of the hospital is to identify, diagnose and treat the infection. If you're asking is the contracting of a staph infection in a hospital by itself an actionable medical malpractice case, the... View More

1 Answer | Asked in Nursing Home Abuse for Illinois on
Q: Do they do a credit check before you are accepted to a nursing home?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 19, 2017

Yes. Nursing homes want to know who will pay for the resident and the services received. If not out of pocket, then will Medicaid be paying?

3 Answers | Asked in Products Liability for Florida on
Q: My neighbor's drone hit me but he says it was malfunctioning. Who is responsible for my injuries?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 19, 2017

My first reaction is that your neighbor is responsible. The maker and distributor of the drone may also have a duty that the drone operates safely and without defects.

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4 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Virginia on
Q: Have lifetime medical benefits award for head injury due to fall from chair at work. Can I bring claim vs. chair maker?

WC Case worker did not conduct an inspection of the chair or ask for manufacture records.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 19, 2017

Assuming there was a defect to the chair that caused your fall and injury, the answer is yes. You are not prohibited from bringing a third party action against the manufacturer, distributor of the chair as long as the statute of limitations has not run. You cannot bring a direct action against... View More

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1 Answer | Asked in Insurance Bad Faith for Illinois on
Q: I got lowballed on a settlement. Where do I go from here?
Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 11, 2017

Assuming you have an attorney representing you, the next step in cases where insurance companies make "low ball" offers (which by the way happens very often now) is to file your lawsuit and let a jury make the determination as to what is fair and reasonable for your damages. That is the... View More

2 Answers | Asked in Personal Injury for Illinois on
Q: Who is responsible if you get into a fender bender in a small privately owned parking lot?
Robert D. Kreisman
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Robert D. Kreisman
answered on Mar 11, 2017

The responsible party is the one at fault. It doesn't matter in this fact description where the incident occurred. Even though the fender bender happened on private property the police should have been notified and a police report made.

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1 Answer | Asked in Consumer Law for New Jersey on
Q: we have received damaged doors worth$3300 from crown point, indiana merchant. merchant is refusing to replace or refund

can we sue merchant?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 9, 2017

Yes you can. I would hope that someone on your behalf has written a strong letter urging this company (assuming this is the one you bought the product from) to return your money and give you instructions on how and where to return the doors. If you used a credit card, contact your credit card... View More

2 Answers | Asked in Personal Injury and Car Accidents for Illinois on
Q: How can I get in contact with a defendant if I wish to attempt mediation before taking him to court?

I was hit by an uninsured driver and the accident report contains no phone number, an incomplete address (no apt number and he lives in a huge condo building) and an incorrect driver's license number (1 number short to be an IL license). I would like to attempt mediation before litigating,... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 9, 2017

Assuming you have uninsured motorist coverage, you should have contacted your insurer and/or agent. Your insurance company will take over from this point. I would urge you to contact a lawyer to help you with this. Most uninsured motorist cases are resolved by arbitration which is usually... View More

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2 Answers | Asked in Products Liability for Illinois on
Q: Is there a rule that product instructions have to be understandable for a layperson?

I read the safety warnings before I was injured but I just looked at them again and I don't think they are very clear.

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Mar 4, 2017

The traditional products liability law is that a manufacturer

or the supplier of goods or seller has a duty to warn of any

danger from the intended or unintended but reasonably

foreseeable use of its products. This duty extends to those using or

purchasing the...
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