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Old 10-10-2007, 03:38 PM
DrewDevil DrewDevil is offline
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Join Date: Mar 2006
Posts: 5,715
Default Re: Ask DrewDevil your legal questions

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1. My brother got beat up in a club while security did nothing. Got his jaw broken. How much would he get if he sued?

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Most states recognize the doctrine of "premises liability," which imposes on premises owners certain level of duty to people who enter their premises. Your brother would be classified as a "business invitee" of the club, which means the club typically has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor's premises if (1) the risk of harm is unreasonable, and (2) the possessor knows or in the exercise of ordinary care should know of the condition, and should realize that it involves an unreasonable risk of harm to an invitee. The possessor may have a duty to periodically inspect the premises for the introduction of hazards to invitees.

The classic premises liability case is the guy who gets his head bashed in by a thug in a convenience store parking lot and sues the store. I don't know if what happened with your brother was an unreasonable danger that the club should have known of or not, and of course it's impossible to tell how much he would get if he sued.

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2. Same brother also got arrested for a misdemeanor, did everything he was told to do, then all of a sudden gets a call saying the paperwork didn't get filed and he missed a court date. this was like a year ago and he emails his public defender (he's on like his 5th as they keep quitting or getting fired) weekly for updates. the public defender just says "there is no news, i'll let you know when there is." what can you do to get some real answers and progress when dealing with a public defender's office?

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Your brother can tell the judge about the public defenders' poor representation at his next court appearance, or he can complain to the state bar. Ignoring a client is one of the worst things a lawyer can do and the state bars take it very seriously.

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3. my parents have been renting the same apartment for almost 15 years. they put $1500 down as a security deposit and last month's rent. by law this is supposed to go into an interest-bearing account. if this hasn't happened, can they sue after the fact to get what the money would have earned? or is it best to let it be so long as they get their deposit back in full?

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Are you sure that the law requires in account to bear interest?

The answer will depend on your parents' lease and the state's property code. They probably have no claim to any part of the deposit until they move out, but once they do, they can probably sue for any amounts wrongfully withheld from them. In many states, if a landlord acts in bad faith with respect to returning a security deposit, the tenant can recover 3x damages plus attorney's fees.

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4. what tye/size firm are you at and what practice area do you focus on?

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I am technically a solo practitioner but I am "of counsel" with a 12-man firm, meaning I do most of my work for and with that firm. I focus on real estate but I also do litigation work and I am expanding into divorce/family law.
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