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Idaho Personal Injury Questions & Answers
0 Answers | Asked in Personal Injury for Idaho on
Q: Bought a pair of pants using curbside. Tried them on at home and afterwards found dried l human feces in them. Can I sue

When I tried the pants on I felt something scratchy in them so took them off and found dried human feces. Traumatizing and a biohazard that missed the eyes of employees packaging the item.

3 Answers | Asked in Personal Injury and Medical Malpractice for Idaho on
Q: The doctor left a metal clip inside my mother after surgery in 2018 she can barely walk now, can she sue?

She had a hernia surgery in 2018 since then her health has progressively gotten worse to the point that 8 had to quit my job to take care of her. She has been in excruciating pain and finally they just did an xray and saw a metal foreign object blocking the hip xray likely left there from her... View More

T. Augustus Claus
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answered on Nov 29, 2023

Yes, your mother may have a case for medical malpractice against the doctor who performed her hernia surgery. Leaving a foreign object in a patient's body is a serious medical error that can cause significant pain and suffering.

To establish a medical malpractice claim, your mother...
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1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Libel & Slander for Idaho on
Q: several sites are posting my name information and charging for it shouldent i be getting a royalty and worse the lies

there are several sites that have my name on them and they collect money for information shouldent i have a say in this or get part of the royalties on this. Im pretty popular on facebook and there are cites with my name telling lies that fuel the sites that are charging money which makes me loose... View More

James L. Arrasmith
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answered on Nov 12, 2023

If websites are publishing false information about you, this may constitute defamation, especially if it causes harm to your reputation or financial loss. In the United States, defamation laws vary by state, but generally, for a statement to be defamatory, it must be false and have been made to... View More

2 Answers | Asked in Criminal Law, Personal Injury, Identity Theft and Internet Law for Idaho on
Q: What should I do if I know someone is uploading and downloading massive quantities of data from my phone in thebackgroun

I’ve learned what is being downloaded is an extreme amount of script writing and controls my web searches, opens all my personal info and passwords to them. It prevents me from certain sites I try researching when following there paths to figure out who or what is behind the stealing anything... View More

James L. Arrasmith
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answered on Oct 18, 2023

If you believe that your phone has been compromised, it's imperative to act quickly. First, cease using the device and turn it off. Then, obtain a new phone and change all your passwords, especially for critical accounts like your email and bank. Document any evidence of the unauthorized... View More

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1 Answer | Asked in Car Accidents, Civil Litigation, Personal Injury and Wrongful Death for Idaho on
Q: I am caring for my mother in law with dementia. If she causes injury to another can I be held liable?

I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?

Mark A. Siesel
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answered on Apr 17, 2023

Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Idaho on
Q: Prior to a new land owner taking over my trailer park we had a direct connection to the water line. The land lord had a

a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Idaho on
Q: I have an unusual case involving geico car insurance company. Would like to sue geico for damages.

May be too long ago but here it is. 3 yrs ago someone filed a traffic accident report stating I had rear ended them. They had my registration and insurance proof. Anyway my truck or myself was not in the accident nor was I in the same town. My license was suspended Yada yada the people file for an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. You could ask them to investigate through the SIU (Special Investigations Unit). This will require thorough investigation, and three years elapsing doesn't help in terms of gathering evidence. A local attorney... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: Can lawyer refuse to give me my case file after he quits my case, in Idaho?

One month left before statute of limitations is up, lawyer quit. Talked to office person they said there are certain documents they do not have to give.

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

An Idaho attorney could advise best, but your question remains open for two weeks, and you have a looming statute of limitations. Only a local attorney could advise per state rules, but the basic general rule nationwide is that clients are entitled to their files. Some elements might differ by... View More

1 Answer | Asked in Personal Injury for Idaho on
Q: Are there legal issues if I had over the counter allergy meds available for customers in case of a reaction?

It's a beekeeping related business where people can come do beekeeping with a beekeeper.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2022

An Idaho attorney could advise best, but your question remains open for a week. Until you are able to discuss with a local attorney familiar with the state law, it sounds like a measure that could place you at unnecessary risk, since you aren't in the business of dispensing medicine,... View More

1 Answer | Asked in Family Law, Personal Injury, Domestic Violence and Landlord - Tenant for Idaho on
Q: Hello! My family is dealing with an odd situation and I'd like to know what steps can be taken to resolve it.

My mom's ex is abusive towards her and my sisters. She "left him" but he still comes over. She's been charging my sisters rent. They are over 18. Do they then have a say in whether or not he's allowed at the house if the are paying rent? They feel unsafe with him around but... View More

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Well, is sounds like you're asking this, correct me if I'm wrong:

Your parents were divorced. You are out of the house now but your sisters are still living with your mother, who apparently is a co-owner of the house that you and your mom's ex, owned?

If your...
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1 Answer | Asked in Personal Injury and Health Care Law for Idaho on
Q: I had an allergic reaction, after telling the nurse my symptoms she allowed me to drive home.

I had an iron infusion in April. Towards the end I mentioned to the nurse that my legs felt tingly and my skin hurt. Scratching felt like I was tearing my skin. She was not concerned so I didn’t think anything of it. When the infusion was over I stood and told her I felt like there were needles... View More

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

An Idaho attorney could answer best, but your post remains open for two weeks. Under general principles applied nationwide, the short answer is that cases are based on actual damages rather than damages that could have been. I'm glad you're okay. As for the symptoms you describe, you... View More

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho on
Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... View More

Kevin M Rogers
Kevin M Rogers
answered on Oct 1, 2021

Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because...
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2 Answers | Asked in Personal Injury and Election Law for Idaho on
Q: What if I have two addresses where I have my mail sent?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It's usually not a problem in most settings. You included personal injury as a category. If that means the question is related to personal injury litigation, you could specify which address is to be used for process... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Traffic Tickets for Idaho on
Q: What is the law In Idaho regarding Vehicular assault?
Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to... View More

2 Answers | Asked in Personal Injury for Idaho on
Q: What is idaho's Civil Procedure to giving medical records to the defendant litigating a civil suit?
Tim Akpinar
Tim Akpinar
answered on Jul 5, 2020

An Idaho attorney could advise best, but you await an answer for two weeks. As a general matter, most states have their standardized rules of civil procedure. Find the Idaho rules online (you could probably find them under the unified court system or other public resources, and refer to the section... View More

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Idaho on
Q: Can i sue an obgyn for telling me "It looks like nobody's home." When i miscarried?
Tim Akpinar
Tim Akpinar
answered on Mar 5, 2020

An Idaho attorney could advise best, but your post remains open for a week. I'm very sorry for your trauma. Although what was said to you would deemed by many as insensitive and heartless, it could difficult for an attorney to move forward with it as a case based on intentional infliction of... View More

2 Answers | Asked in Personal Injury for Idaho on
Q: If a tool I was using has a known defect but I also misused it when I got injured, does that negate any claim I might

bring?

J. Grady Hepworth
J. Grady Hepworth
answered on Jan 4, 2019

A full answer would require additional consultation. However generally speaking if you "misused" the product, it will make your claim difficult. Under Idaho law, a jury would ultimately be asked to proportion the negligence of both you and the manufacturer (or possibly the... View More

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1 Answer | Asked in Personal Injury for Idaho on
Q: Does strict liability apply to dog bite cases in Idaho?
Kurt Holzer
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Kurt Holzer
answered on Nov 5, 2018

Idaho dog bite law is complex See Boswell v. Steele. https://cases.justia.com/idaho/supreme-court-civil/2018-45454.pdf?ts=1536256623

3 Answers | Asked in Personal Injury for Idaho on
Q: My kid was injured while hiking - but there was a sign posted

about the dangers of the trail - can we still get some medical bills covered?

J. Grady Hepworth
J. Grady Hepworth
answered on Oct 8, 2018

You may be able to seek damages from personal injury depending on where your child was injured, and what caused his injuries. Different laws apply depending on whether the trail was public property or private property, and more information is needed to answer this question. Consider contacting... View More

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1 Answer | Asked in Personal Injury for Idaho on
Q: Was driving a company car and got in an accident - will the other driver sue me or my company?
Kurt Holzer
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Kurt Holzer
answered on Jun 15, 2018

Not all collisions end in a lawsuit. I am assuming that you were the person who made the mistake and caused the collision. If that is true the injured person has the right to bring the claim against you, or if you were "within the course and scope" of your employment, your employer.... View More

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