Get free answers to your Consumer Law legal questions from lawyers in your area.
I was caught shoplifting at Home Depot a month ago, but no police were called. They took a copy of my photo ID and said the item would cost me 3 times its worth and to expect something in the mail, but I haven't received anything yet. I'm concerned because I've visited that location... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025
I understand your concern about the shoplifting incident, and it’s important to approach this situation carefully. In New York, shoplifting, also known as larceny or petit larceny, is a criminal offense that can have significant consequences. However, the specific details of your case, such as... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
answered on Mar 8, 2025
I'm sorry about your son's accident. The Graves Amendment serves to protect rental car companies. It shields them from liability resulting from the negligence of the driver who rented the vehicle. What steps can you take to ensure fair compensation? If you are not already working with a... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025
I’m sorry to hear about your son’s injury and the difficult situation you’re facing. It’s understandably frustrating when dealing with insurance issues on top of an already challenging recovery process. The Graves Amendment, a federal law passed in 2005, can impact rental car accident... View More
I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More
answered on Mar 6, 2025
Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More
I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More
answered on Mar 6, 2025
I'm sorry for your injury. Based on the brief facts, it doesn't sound like you'd be in a strong position to claim compensation. As my colleague correctly points out, there would need to be some basis for the bus operator being at fault. Your travel insurance, or if you have a regular... View More
I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 11, 2025
I’m sorry to hear about your injury and the ongoing headaches you’re experiencing. It’s understandably frustrating when an accident occurs during what should be an enjoyable experience. In New York, you may be able to claim compensation for a head injury that occurred on a tour bus, but there... View More
I was recently approved for an apartment and have been working with a licensed realtor who is in contact with the building management company. However, I have not yet signed the lease. The landlord is asking for the security deposit and first month's rent to be paid via wire transfer before... View More
answered on Mar 3, 2025
Dear Manhattan Tenant:
Nothing is illegal about the initial payment request by electronic transmission and subsequent rent payment by check. Although the latter is more or less old-fashioned, it is not illegal. You could also pay by cash, even if the landlord requires a check.
But,... View More
answered on Feb 7, 2025
Different states have different limits on what constitutes usury, a crime, for charging more than the limit. In NYS it is 16% I believe. So how come your car loan is so expensive? There are several legal workarounds that corporations use, including one that allows the charging of excessive... View More
I've put in claims and they are denied. Basically I can't be reimbursed is what I'm told. Is this true? The error was on their end. I didn't go the any ATM. It was the actual banks' ATM.
answered on Feb 7, 2025
Interesting question. If you can PROVE that you received the phony money from the ATM, you may have a lawsuit for negligence against the bank which should be expert at spotting a phony bill, even a $20 one. You don't mention the amount, but I assume it wasn't more than a few hundered... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
answered on Jan 13, 2025
Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 17, 2025
I'm sorry to hear about the significant pain and challenges you’ve been experiencing. Situations involving health issues from consuming a food product can be overwhelming, and understanding your legal rights in this matter is an important step.
In New York, pursuing a case against a... View More
Hello,
I have a question concerning if a 'facility fee' of $1,500(!) from a fertility clinic is deceptive and predatory. Do I have a right to request a detailed, itemized breakdown of an obscure, arbitrary fee from a fertility clinic that my wife and I are attending. Also, the... View More
answered on Feb 7, 2025
I'm sorry for your unpleasant surprise with the fee not being covered. The most practical starting point would be to request a breakdown of the fee, as my colleague points out. If you did consult with an attorney to review things with attorneys and health care matters, that would be among the... View More
Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More
answered on Nov 24, 2024
You made the right decision by consulting with an attorney; this forum would not be a substitute for that type of in-depth consultation. If you are not confident in the advice you were given, you could reach out to another attorney for a second opinion. Unless you have precisely the same financial... View More
Hello, thank you for taking the time to read this. I have been struggling with over $100,000 in debt from student loans, a car loan, and credit cards over the past five years. My credit score dropped from 760 to 548 in one year, leading me to consider bankruptcy in 2022. However, after consulting a... View More
answered on Nov 25, 2024
I'm guessing that the attorney with whom you consulted in 2022 was not a bankruptcy attorney; maybe I'm wrong, but that doesn't matter. Your statement that you are struggling with $100,000 of debt does not indicate how much of that debt is unsecured debt, which is the linchpin here.... View More
I graduated two years ago from Lock Haven Pennsylvania but I was unable to pay the last semester of my tuition and it got send to an agency what can I do to get this amount reduced or completely cut, or how can I get the college to release my actual transcript
answered on Nov 20, 2024
It could depend on the agency. Some are more aggressive than others. You could try to negotiate a lower figure if you are newly out of school and struggling. They MAY or MAY NOT be receptive to your attempts. No one here can say what their position will be. They could say no. If you DO succeed in... View More
But still being held responsible for loan payments. Can I fight this ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2024
You mention a procedure, so presumably, the loan company paid a doctor. Did you forget to tell the loan company you canceled the procedure with the doctor's office? Either way, you said you canceled "in time," so, if the doctor accepted the payment - even though you were not... View More
Should i you I get paid of that value I was paying for that amount the insurance claim is only paying $20,000 for the truck & $6686 for the trailer for the loss of my equipment.
answered on Jul 9, 2024
It could depend on the terms of the policy, whether you have an ACV (actual cash value) policy, (RCV) replacement cost value policy, or other arrangement. Review the paperwork that accompanies the proposed payment figures, including whether there are options for appeal, litigation, or arbitration -... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 21, 2024
If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More
Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.
Medical Notes Available.
answered on Jun 22, 2024
It could be actionable as a tort claim, and attorneys might pose cogent arguments supporting both textbook negligence or med mal standards of care. However, Mr. Heyman raises a very good point that med mal claims often involve treatment/diagnosis on the part of medical professionals, defined by... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
