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Questions Answered by Mr. Douglas A. Petho
3 Answers | Asked in Personal Injury for West Virginia on
Q: I slipped and fell while I was at a friend's house and broke my collarbone and had to have surgery on it and I was wonde

Do I have a Case

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 8, 2023

It depends on what caused you to fall. In West Virginia a property owner has a responsibility to prevent injuries to invitees by inspecting their properties remedying any known hazards in a timely fashion or otherwise warn visitors of the hazard. I would contact a West Virginia personal injury... View More

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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Communications Law for New York on
Q: I was in a private meeting with my staff and she recorded our conversation. I was terminated for saying something bad.

My staff recorded me without my knowledge and it was used it to terminate me. I said something inappropriate and was used to terminate me. Is this lawful, can I sue my employee?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 4, 2023

New York is a one-party consent state meaning that you can record conversations if you're physically in the state and are a party to the conversation or if you have permission from one of the parties in the conversation. If neither of the parties to the conversation have consented then it is a... View More

2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

In the state of Georgia, the code section that covers un-disclosed principals is found in the Official Code of Georgia Annotated (OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the... View More

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: family member called 911 for ambulance the police arrive well after emt's enter with out permission then be cause it wa

Was an over dose, I had been cleaning empty bags and syringes I found behind a dresser drawer left by my ex-wife. She was asked to leave months ago because she was using and I must have gotten fentanyl powder on my hands and touched my mouth. The officer mailed me a paraphernalia charge 2 weeks... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally not appropriate for the police to enter a private residence without permission, unless they have a warrant or there are exigent circumstances that justify a warrantless entry.Good Samaritan laws are intended to encourage people to seek medical help in the event of an overdose by... View More

2 Answers | Asked in Family Law for Maryland on
Q: Can a man take me to court to establish paternity on a new born that passed away at the hospital ?

How can genetic testing be done on a baby that doesn’t exist ?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is generally possible for a man to seek to establish paternity of a child, even if the child is no longer alive. Paternity can be established through a legal process, either voluntarily or through a court order. In some cases, paternity may be established through genetic testing.

If a...
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1 Answer | Asked in Estate Planning on
Q: My mother in Laws Last Will and Testament has a typo (2994 for year not 1994) in multiple places - how big a problem

There are multiple places in the will where the year is 2994 and not 1994 - how big of an issue and what is the easiest way to remedy.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

A typographical error, such as the wrong year being listed in a will, can potentially be a problem if it is not clear what the testator (the person who made the will) intended. If the error is minor and does not affect the overall meaning of the will, it may not be considered a significant problem.... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for North Carolina on
Q: Can I filled a claim on negligence malpractice surgery

Yes!I was out patient at Astrium Health care hospital in Almareble N.C. On February 4th 2020, I had surgery on my left eye and my retina was damaged. Now it can't be repaired what can I do about it.

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is possible to file a claim for medical negligence or malpractice in the case of a surgery that did not go as planned. Medical negligence occurs when a healthcare provider fails to provide a standard level of care, and as a result, the patient is injured or suffers harm. If you believe that you... View More

1 Answer | Asked in Personal Injury, Civil Litigation and Civil Rights for North Carolina on
Q: Can I file a grievance against a 3 Georgia deputy sheriffs for not allowing me to attend my brothers funeral.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 5, 2023

It is understandable that you would be upset if you were not allowed to attend your brother's funeral. If you wish to file a grievance against the deputies, you may be able to do so through their employer, the sheriff's department. You can try contacting the department to find out more... View More

2 Answers | Asked in Personal Injury for North Carolina on
Q: If I'm renting my home and the floor is rotted And I fall through it can I take legal action.
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Dec 13, 2021

You may. Your landlord could be negligent for either failing to maintain the property and a safe habitable condition due to a failure to perform reasonable inspections or to perform repairs within a reasonable time after being notified of of the condition of the floor.

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2 Answers | Asked in Personal Injury for North Carolina on
Q: My daughter passed away in North Carolina Charlotte at her boyfriend's house. Would the homeowners INS.

Homeowners insurance cover this she died of an overdose

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Nov 19, 2021

In order to have a claim under homeowners insurance you would have to show negligence to make a claim under the liability coverage. Homeowners policies often have medical payments coverage that covers medical bills for injuries arising on the property, but I don’t frankly know whether it would... View More

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2 Answers | Asked in Car Accidents, Civil Rights and Personal Injury for North Carolina on
Q: Can police refuse a request to breathalyze the other party at an accident when asked to do so by the other motorist?

A red light was run and the police refused to breathalyze the driver even though I requested them to. He was notably impaired. His excuse was ‘the guy was a doctor’ and he didn’t have probable cause

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Nov 12, 2021

Yes it is officers discretion as to whether or not to test for impairment.

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1 Answer | Asked in DUI / DWI for North Carolina on
Q: I'm on supervised probation for DUI. Is it possible for me to be allowed to go on a cruise to the Bahamas?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

This depends on the conditions of your probation. I would contact your probation officer.

1 Answer | Asked in Workers' Compensation for North Carolina on
Q: WC Clincher with an advance payment will weekly WC checks continue? And when will I get a copy of settlement I signed?

Im not sure of the process and when I ask questions of the Paralegal or Attorney ( if they are in the office ) answers seem to slightly change. Ive felt out of the loop the whole time and unsupported. I never received a copy of our original Attorney/ Client contract. I asked multiple times. Then... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

The number one complaint clients have with their attorneys is a lack of communication, either by failing to return phone calls were not properly explaining the process. Attorney's fees and workers compensation claims are set by the industrial commmission at 25%. I do not know what the $900 is... View More

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I live in NC and recently 2 dogs were found running at large in my town and were picked up by a good Samaritan and taken

To a rescue and checked for microchips but none found or no rabies tags, the dogs were very malnurished and heartworm positive treatment was started but in the mean time animal control saw the dogs posted on Facebook and thought they knew the owners. Animal control picked up the dogs without... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

There would have to be a determination that the treatment of the dogs amounts to animal abuse or cruelty, not negligence. the owners could then be charged and the animals removed .I would contact local police department to find out what agency, either animal control, Sheriff's Department... View More

1 Answer | Asked in Traffic Tickets for North Carolina on
Q: hi, back in December i got a speeding ticket for 74 in a 45 zone along with a careless and reckless driving charge...

i went to court yesterday and the judge said that i am facing a possible 80 days jail time. what should i do, and what should i expect?

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

I would retain an attorney to assist you in this matter. If you are unable to pay for an attorney you may qualify to have the court appoint one for you. I would say that without knowing the specifics of your driving record or the circumstances of the citation, it would be unusual for you to be... View More

1 Answer | Asked in Car Accidents for North Carolina on
Q: Can a lawyer file a judgement against you 5 years later

In 2010 a car slammed into me my insurance had just lapsed and I forgot to file the claim anyways the people went to the Dr maybe a week or 2 later and wracked up a 123,000 bill got an attorney til this day they haven't filed a judgment since then I also had another finder bender. so the 2... View More

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

The short answer is yes. The longer answer is you should contact an experienced criminal attorney in Gastonia to assist in getting your license reinstated.

1 Answer | Asked in Car Accidents for North Carolina on
Q: I was in an car accident where and uninsured driver hit me and two others the problem is my medical bills they never

Informed me that time limit saying 1/10/2016 was deadline having hard time since medical bills only 2k but wanted to only offer 3500 please help

Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Mar 17, 2016

A lawsuit in an uninsured motorist claim must be filed in North Carolina three years from the date of the accident, two years for a death claim. The statute limitations will bar your claim otherwise. An uninsured motorist claim is a first party claim meaning that your insurance company owes a duty... View More

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