Episode Transcript
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Speaker 1 (00:00):
The Mandy Connell Show is sponsored by Belle and Pollock
Accident and injury Lawyers.
Speaker 2 (00:05):
Well, no, it's Mandy Connell, Andy Connell.
Speaker 3 (00:11):
Koa nine am.
Speaker 4 (00:15):
God, Wait, guy, can any three by Connell? Keeping sad
thing local local. Welcome to the second hour of the show.
Speaker 5 (00:29):
And you may be confused when you hear these next
two voices. You might think to yourself, Wait, those gentlemen
are on Saturday morning when I'm running errands. That's what
I listen to the Bell and Pollock Personal Injury Show,
and I say it all the time. Every time I listen,
I learn something new and it makes me feel a
little dumber but then a little smarter by the end
of the show. Joining me in the studio Now from
Bell and Pollock, I've got Gary Bell and Brad Pollack.
Speaker 6 (00:52):
Hello, Mandy, how you going?
Speaker 2 (00:53):
Hello Manday's time due legal Rock and Ronald let's get
going here.
Speaker 5 (00:57):
Well, I told you, guys, I love hearing other people
those problems. I know that sounds weird, but I find
it fascinating the things that happen in society on a
regular basis that you don't necessarily think about.
Speaker 4 (01:08):
You guys have been doing this for how long.
Speaker 2 (01:10):
We've been doing the show twenty five thirty years now, So.
Speaker 5 (01:13):
What do you know the weirdest case you've ever had?
Do you have one that springs forth when you go, wow,
that was a doozy?
Speaker 2 (01:20):
Yeah, we have several. But you know, speaking of that,
we had a great call in our show a while
back and the guy says, I am so mad at
my neighbor. He lived in eastern Colorado out on the planes.
I'm so mad at my neighbor because so what's the problem. Well,
he put a beehive on the fence next to my property.
Well it's on his property, and so can you guys
do anything about it? And what are the rights? So
(01:42):
that was pretty wild and.
Speaker 7 (01:43):
What I mean?
Speaker 4 (01:44):
But what happens then? Do you have the right to
tell somebody to move their beehive?
Speaker 2 (01:47):
Yeah, that's great because I know that you're you are
a big property owner person. So yeah, so are we Okay,
So you can use your property, you just can't create
a nuisance, okay. And so then and then the argument is, well,
that's my property. I can do what I want, but
you can't create a nuisance like if you had water
overflowing or something like that would be. The other thing
(02:07):
was that on this case he had plenty of places
to put it down the fence away from the guys.
Speaker 4 (02:13):
He was just mina jersey.
Speaker 2 (02:14):
Yeah, exactly.
Speaker 4 (02:15):
Well, I want to open the.
Speaker 5 (02:17):
Phone lines to anyone who has any kind of situation
where they have been wronged, they have been harmed by
the negligence of someone else. If you if you've been
in that situation and you have a question, and I
will tell you guys that in the past, when I
have done these on various shows, various markets, it's a
lot of people who call and say, should I have
called an attorney?
Speaker 2 (02:37):
Right?
Speaker 5 (02:38):
Should I have called? I think, why don't people just
pick up the phone and ask the questions. Let me
get the phone overer out three O three seven one
three eighty five eighty five. That's seven h Let me
try that again, three O three seven to one three
eighty five eighty five and Grant will screen your call
in just a second. I mean, how often do you
think people just don't make the call, or they don't investigate,
(02:59):
and they end up getting shorted.
Speaker 1 (03:01):
That's the problem. A lot of times people don't call
when they should call. The call is free, there's no
reason not to call, get some initial advice, figure out
what you want to do, and you get people that
don't make the call when they should.
Speaker 2 (03:13):
And I'd say.
Speaker 1 (03:15):
Fifty percent of the calls I get that are late
is just because somebody was afraid to pick up the
phone and talk.
Speaker 6 (03:20):
To their lawyer.
Speaker 5 (03:21):
As a daughter of an attorney, I mean from the
time I was five years old, I think I knew
in any situation, even if everything is perfectly fine and
everything's going your way, you better have somebody there because
you don't know what.
Speaker 4 (03:33):
They know you know in any situation. So I have
a couple questions for you guys that I want.
Speaker 5 (03:38):
To get answered to, and one of them is this,
So I know I am not alone in asking this
question here in the Great Metro. But after it snows
in my neighborhood, there are sidewalks around some houses, not
all houses.
Speaker 4 (03:50):
Theyre's not sidewalks in every part.
Speaker 5 (03:53):
But some Most people, a vast majority of people in
this neighborhood, they all do the right thing. They shovel
their sidewalks. The only reason this matters is because when
they plow the road, it creates this huge mountain of
snow between the street and the sidewalks. So if they
don't shove with their sidewalks, then you have the choice
of walking through sometimes really deep snow or even worse,
it gets packed down and it gets turns into ice.
(04:15):
And it's not only inconvenient, it is like, I mean,
I have a Saint Bernard, so anything could go wrong
at any time when I'm walking my dog. What responsibilities
and what repercussions if I fall and kill myself on
their sidewalk?
Speaker 8 (04:29):
What is there?
Speaker 4 (04:32):
What do they have to be responsible for?
Speaker 2 (04:33):
Okay, I'm gonna ask for a part of it, and
then you gonna catch the common law part of it. Listen,
you live in Douglas County. There's an ordnance in Douglas
County called the Snow and Ice Ordinance Number zero zero seven.
That's zero zero three. Okay, what does it say? It
says property owners are directly responsible for clearing sidewalks bordering
their property. They can hire it out, but they're ultimately responsible. Okay.
(04:57):
It also says, what's the timeframe? When do you have
to do this? Right, but it snows, the snow and
ice both must be removed within twenty four hours after
the snow stops falling. Okay, that's the time frame. And
then should should they shovel the snow on the street. No,
the order says you got to put it on your lawn.
Speaker 4 (05:15):
Well, that makes sense. It also waters your line exactly.
Speaker 2 (05:17):
So, so that's the ordinance part. That's what we call
lawyers call the statutory part. Brad's going to explain to
you what the property liability common law statute is for
the duty and responsibility if you don't comply.
Speaker 6 (05:30):
Well, it's pretty simple.
Speaker 1 (05:31):
If you've not exercised reasonable care and taken care of
your property, you're going to be responsible for injuries that
are caused by your failure to exercise that reasonable care.
One of the things you have to do and reasonable
care is remove the snow and ice from your sidewalks.
Probably should be careful because you probably want to remove
it from the driveway.
Speaker 2 (05:51):
Also, that was a follow up question.
Speaker 5 (05:53):
I got to this a delivery driver said, I'm delivering
huge boxes. Are people responsible if I fall and you know,
wipe out in their driveway that has not shoveled.
Speaker 1 (06:03):
Right, Well, if they've had twenty four hours it has
been snowing. Under law and even under the common law,
especially if they're ordering those packages they're having people come
to their property.
Speaker 6 (06:14):
You've got to make your property safe for people.
Speaker 1 (06:17):
And the bottom line is is get the snow shoveled,
get the ice melt out, take care of your sidewalk,
take care of your driveway, and avoid the problem.
Speaker 5 (06:26):
Okay, So I'm just gonna leave a little note. I'm
gonna start leaving little post it notes on people's doors.
There's a tiny handful of people that does this, right,
but boy, it makes it awful and dangerous and not
fun to be out there.
Speaker 4 (06:38):
And some of us we got it. I gotta walk
my dog.
Speaker 2 (06:40):
You just said the keyword in the statue, dangerous, dangerous condition.
That's what it causes. But boy, would I love to
cross exam in one of those neighbors that doesn't do this.
That would be so easy to do, right. Okay, Suppose
this neighbor didn't clean his driveway and he says, well,
the Organs doesn't say driveway, It says sidemark, mister Bell, right, Well,
I would find out immediately having the packages you've had
(07:01):
delivered in the last year through your driveway, and then
then I had on you.
Speaker 5 (07:05):
Okay, So I'm glad I asked this question. I am
now armed to the teeth with the information that I need,
Thank you very much. But I have callers on the
line who want to join the party.
Speaker 4 (07:14):
So let me go to Jeff. You are on with
Gary and Brad from Bell and Pollock.
Speaker 1 (07:21):
Hi.
Speaker 3 (07:21):
I have a question pertaining to.
Speaker 4 (07:23):
A dog fight. A dog fight, oh bite? Okay?
Speaker 3 (07:29):
Yeah, So if somebody has a dog that's on a
path and.
Speaker 9 (07:36):
They let that dog bite you, what are the recall
or what are the actions that can be taken for that?
Speaker 2 (07:43):
All right, I'm gonna give you the first part, Brad,
I'll give you the second part. Thanks for the question. Uh,
the laws change in Colorado. It used to be this
old adage of every dog gets his first bite. That
was the old adage. That's kind of comical, sometimes not
so comical. But that changed and they passed you or No.
Eight nine, ten years ago. That says theirs strict liability
(08:04):
for dog bites. What does that mean to you? That
means if they let their dog go, or they don't
let their dog go, and or if their bite dog
bites you for any reason whatsoever, whether he's had a
dog bite before, whether he was considered dangerous before it
doesn't matter. It's strict liability, and they owe you automatically
for all your medical bills. Now that doesn't cover the
(08:24):
rest of your damages, but for all your medical bills.
And I've seen some of them fifty sixty thousand dollars
of face repair on dog bites, but rather the rest
of the damages are recoverable.
Speaker 1 (08:33):
Sure that statue is CRS thirteen twenty one four, and
it's it's very simple. The dog owner is automatically liable.
Whether or not the owner is negligent and caring for
the dog, or whether or not the dog has ever
shown signs of aggression, They're going.
Speaker 6 (08:48):
To be liable period.
Speaker 1 (08:50):
They've got the responsibility now that that liability under the
statute is for the expense of taking care of the
dog bite. Obviously there's times when you have more than
the expense of taking care of the dog bites.
Speaker 6 (09:04):
The emotional problems this can cause.
Speaker 1 (09:06):
If it's a young child, it can cause a whole
lot of emotional problems for the child. Then they start
looking into a little bit more. Did you know the
dog had dangers to propensities?
Speaker 2 (09:14):
Were you're not.
Speaker 1 (09:15):
Properly taking care of the dog, or were you not
properly candeling the dog when you had people over.
Speaker 6 (09:20):
Did you get any any kind of training for the dog?
Did you get any kind of disciplinary actions with the
dog so that you could control the dog?
Speaker 1 (09:29):
And that's when you start getting into even greater damages
that you're going to be responsible for as the owner
or as the person on the property who you're responsible
for that dog.
Speaker 9 (09:40):
Help.
Speaker 2 (09:41):
I'm so sorry. One more point. So medical bills are
strict liability. You get them, you should get them, and
they pay the rest of your damages. You have to
prove and you have to go out. It's the ordinary way, gotcha, all.
Speaker 4 (09:53):
Right, Jeff? Does that help?
Speaker 3 (09:55):
Thank you very much?
Speaker 4 (09:55):
All right, thank you. Let me go to John. You're
on mcary brad from Bell and Pollock.
Speaker 3 (10:02):
Hey, guys, thank you so much for let me to
say that I had the opportunity to have the gentlemen
well as lawyers, but I got dropped from them because
I refuse to do a needle test. I was definitely
afraid of needles, and which was the test was going
to be done during surgery anyway, So I eventually had
(10:24):
the test out, but they dropped me as a client because.
Speaker 4 (10:29):
John, I'm going to say this.
Speaker 5 (10:30):
I would prefer you take this up with them at
their office because I can't verify anything that you're saying
right now, and they're both sitting here looking at me
and shaking their heads.
Speaker 2 (10:38):
Everybody know.
Speaker 3 (10:39):
Just letting everybody know how that would be.
Speaker 5 (10:42):
You know, guys, Sometimes, and this is my responsibility here,
people will call up that are not necessarily engaged with
the with the people on the show and try to
say something that's negative and we don't have any way
of verifying that. And I hope he does call with
you guys, follows it up with you guys. Anyway, glad
(11:02):
to take the car? Yeah, three oh three, seven eighty
five eighty five Bill, you're on with Gary Brad from
Bell and Pollock.
Speaker 8 (11:10):
Hey, guys, Mandy's honor. I have a I bought a
twenty two ionics five from Handy and the car broke
down and it was in the shop total for almost
a year, like literally eleven and a half months. I'm
a ten ninety nine client, I'm a taxi driver and
(11:31):
I bought the car to be an owner operator. During
that time, I lost over thirty thousand dollars and all
had I told you was we gave you a honor.
They wouldn't honor the meeting. Lemon law business business.
Speaker 4 (11:48):
Wait, is that accurate?
Speaker 3 (11:49):
So Lemon law?
Speaker 4 (11:51):
Lemon laws don't apply to businesses when they buy a vehicle.
Speaker 1 (11:54):
It's usually to consumers who buy a new vehicle where
the Lemon law applies.
Speaker 9 (11:58):
Uh.
Speaker 6 (11:59):
They will fight you to say that they're not.
Speaker 1 (12:02):
Responsible under the Lemon law for a business operation or
a business endeavor where you're losing money. However, there are
other ways to go after him, and the other ways
to go after him are to hold them responsible with it.
But they have to have the knowledge that's that's what
you intend to use the vehicle for, and they have
to be selling it to you for that purpose for
you to be using the vehicle as a commercial vehicle.
Speaker 4 (12:25):
And did they know that, Bill?
Speaker 8 (12:28):
I did mention it to the guy when I was
buying it to the salesman. I don't know if you
mentioned it to the finance guy, but I did mention
it to the salesman.
Speaker 2 (12:36):
Okay, Well for my take. You know a lot of
people talk about the Lemon law. We got the Lemon law.
Speaker 7 (12:40):
Wow.
Speaker 2 (12:41):
Sometimes you don't want to be subject to the Lemon
law because you got to take it back a number
of times. You have to give them a fair opportunity
to repair, and I've seen that not workout more than
i've seen it work out. But back to your issue.
So if the Lemon law doesn't apply, what you know
what what representations were made by you them? And this
(13:02):
would this would involve a little bit of consultation with
you to go over because if you bought it for
specific purposes or purpose, there's implied warranties that need to
be explored, implied warranty for fitness of a particular purpose,
imply implied warranty of merchant ability, et cetera, et cetera.
So it's hard to just give you a black and
white answer. I'll be glad to be glad to help you.
(13:24):
But if they misrepresented or if they knew the purpose
you were using the vehicle for and it didn't work
out and it was known, you can't be secret. If
it was known, then I think you got remedies as
bread setting.
Speaker 4 (13:37):
Have you follow up with them in their office. That's
other plan.
Speaker 8 (13:42):
Had other lawyers tell me it's a winnable case, but
it takes too long.
Speaker 6 (13:46):
Well, what do they mean by it? Takes too long.
I mean, you know, you hear a lot of things
about but.
Speaker 1 (13:52):
Lawyers wanting to get cases done fast. Sometimes getting case
done fast isn't what you need. Sometimes you need to
make sure you do the right job, and you do
and you approach it correctly.
Speaker 6 (14:01):
So I don't know why they say it takes too long.
Speaker 1 (14:03):
I think I think you got to sit down with
some lawyers who have the willingness to stick it out
for you.
Speaker 8 (14:11):
I would love a complication.
Speaker 4 (14:12):
All right, give a.
Speaker 5 (14:13):
Call there, Thank you very much. Okay Roberts, you're on
McGerry and Brad from Bellan Pollock.
Speaker 4 (14:20):
What's your question?
Speaker 10 (14:22):
Yes, a underage driver that lives down the street took
his mom's suburban and hit three of my vehicles, and
I recently got a judgment for approximately seventeen thousand dollars.
Question is, and the owner of the car was the
mother's boyfriend. So I'm wondering this fifteen year old. I
(14:47):
don't think he's going to have a job forever.
Speaker 8 (14:53):
What do I do?
Speaker 10 (14:54):
Is there any legal recourse to have to get a
lawyer to sue the parents or the owner of the vehicle.
I guess that's basically, well.
Speaker 2 (15:01):
Let me ask you a couple of questions and then
Brad can start flying over here. Legally, Uh, you said
you got a judgment. You use that word. Did you
go to court and you get a judgment?
Speaker 3 (15:10):
Yes?
Speaker 2 (15:11):
Against the minor?
Speaker 7 (15:14):
Uh?
Speaker 10 (15:15):
Yes, you're the only one charged.
Speaker 1 (15:17):
In state court. In criminal court. Carry Oh, it was
always in a bit. It was restitution that you got,
wasn't it right?
Speaker 10 (15:23):
Yes?
Speaker 2 (15:24):
Okay, you haven't sued in civil court anybody?
Speaker 10 (15:29):
No.
Speaker 2 (15:29):
Okay, Well, if you did, we'll be glad to consult
with you. But if you did what you have to
do and you avoid a bunch of legal mumble John
Jumbill called race you da kata and collateral stopp well,
all that means this, you have to bring all your
claims that you're ever going to bring. I guess everybody
you're ever going to bring them. And so if you
sue the minor but you didn't sue the parents, assuming
(15:51):
the parents meet the test, which is another conversation, then
then you're not doing yourself justice. So that's the civil
liability of it. So don't just walk down to the
courthouse finally complaining against just one of them investigated. And
before you do that, because you can lose rights when
you do that sounds weird, crazy, but the way it is, Brad,
can you sue a kid, Well, it's probably not gonna
(16:13):
do any good.
Speaker 4 (16:15):
Can you even do that.
Speaker 5 (16:16):
We can't hold you know, miners responsible for contracts, so
can they be sued They can be found liable in
that case.
Speaker 2 (16:22):
Absolutely.
Speaker 1 (16:23):
In this case, yes, you have a judgment against the
kid for restitution. That doesn't include a number of other
elements of damages that you're entitled to. That's probably just
the amount necessary to fix the vehicle or your cars.
Speaker 2 (16:38):
Yeah, that's exactly it.
Speaker 1 (16:40):
And it probably doesn't compensate you for the time without
the cars and for any rental cars you're gonna have,
and other expenses you're gonna have.
Speaker 2 (16:47):
That takes going to court.
Speaker 1 (16:49):
That this would be a county court action and to
be an action that you should be able to get
a lawyer.
Speaker 6 (16:54):
Give us a call at our office. We'll talk to
you about it. It's something you can do to to
go against the parents.
Speaker 1 (17:02):
You start looking at who had the responsibility to watch
over that vehicle, who had the responsibility to make sure
it was safely tucked away in the driveway or in
the garage, or along the.
Speaker 6 (17:13):
Curb, and you weren't going to have an aggerous driver
drive it.
Speaker 2 (17:16):
Maybe mother's boyfriends should come into the picture here, let's
get it going on that.
Speaker 4 (17:20):
But I'm sure he was thrilled that his vehicle was used.
Speaker 2 (17:23):
Really really three or But let me tell you one thing.
You might already have the most powerful remedy because you've
got restitution. What does that mean? If you suit in
civil courts, you have to go through a trial, all
that stuff, you got to get a judgment, But you've
got an order of court granting you restitution. So if
anybody violates the order, then they're in contempt of court.
(17:44):
So you can wait, I guess you can wait, But
you can wait till a little bit longer, till you
get your job, okay, because that order is not going away.
It's right there. And it's easier for a lawyers to say,
you've got an order. Of course you have to comply,
other than I'm gonna ssue you both. But it's just
easier when you've got an order already there.
Speaker 5 (18:03):
Right, Is there any way to hold anybody else responsible
for that?
Speaker 4 (18:08):
Restitute shorter? But it's court orders to.
Speaker 5 (18:10):
The kid, I mean because Let's be real, kid's fifteen
years old. He's right, This kid's not gonna have a
job that pays well for I mean a decade.
Speaker 2 (18:17):
If that right.
Speaker 5 (18:18):
So that seems like a silly, silly thing. I guess
there's no other way to do it, though, is there.
Speaker 2 (18:25):
Look, look, you haven't done a civil action yet, so
you can make a claim against the boyfriend's insurance company
and they're going to say, well, we're not responsible.
Speaker 10 (18:33):
What Yeah, he was uninsured unsure vehicles. All of my
vehicles had liability insurant. It's really high liability interurants. They're
all paid for.
Speaker 2 (18:47):
And yeah, well listen, maybe there's some hope left on
the on the horizon here. We did a lot of
legal shows called finding Insurance, okay, and the gravam on
the bottom line for you right now is the kid
didn't have any insurance, but and the and the boyfriend
didn't have any insurance. But there's anybody in the household
that lives there that might be related as a resident
(19:09):
relative that has insurance or are we just talking about
nobody has insurance?
Speaker 10 (19:15):
I I don't know, but I don't believe any of
them had.
Speaker 2 (19:19):
Are you sure that's no insurance of course. Are you
sure there's no insurance? Well?
Speaker 10 (19:27):
Sure, I mean here was he when the boyfriend walked
up the street with the mom. They had no proof
of insurance. And then I think they found a card
but it was expired.
Speaker 2 (19:39):
No, no, you haven't heard directly from the insurance company yet.
We could help you do this for free. You you
need to make domand on the insurance. No, you make
demand on the insurance company. We got to find out
who it is and let them tell you. And when
we get that answer, a lot they say, oh, I'm sorry, sorry,
there's no insurance. Prove it. Well, here's how you're going
to prove it.
Speaker 6 (19:57):
Do you have uninsured insured letters covered?
Speaker 4 (20:00):
Yeah, he said he was. He was covered up to
the limits.
Speaker 1 (20:02):
So yeah, you have uninsured motors coverage included on your policy, right.
Speaker 2 (20:07):
I think he said he only had liability of coverage.
That's what I'm trying to find out.
Speaker 10 (20:10):
It was just yeah, just liability.
Speaker 1 (20:13):
Yeah, yeah, no, you I am okay, all right. You
know this is one where some pressure asked me applied
against the the boyfriend, against mom exactly. Somebody negligently supervised
that child and didn't take care of what he was
supposed to be doing. Another question is do you know
if the if the fifteen year old had started driving yet?
Speaker 6 (20:34):
No, okay, so he wasn't on a permitted he was
permitted and yeah.
Speaker 2 (20:39):
Nothing okay the police.
Speaker 10 (20:42):
I asked the police about the insurance from the boyfriend,
and the police said, well, there's no insurance. Uh so
I have no idea how to find out.
Speaker 2 (20:53):
If you know. Okay, but I have no record. I'm
sorry to interrupt you, but take that with a grain
of salt, because what they usually in police usually means
is they didn't have any proof of insurance. And a
lot of accidents and people I don't know where manin
Schorge card is. Just because they don't have proof doesn't
mean they have They don't have insurance. It needs to
be pushed, pressed, investigated.
Speaker 5 (21:13):
Come see us, give them a call at their office.
Three oh three seven nine five fifty nine hundred. We're
going to take a quick time out. We're with Gary
and Brad from Bell and Pollock. Gets your injury questions
ready now three O three seven one three eighty five
eighty five back after this, I have some follow up
questions from our icy sidewalk via the text line if
we can do those real quick and they'll get back
(21:33):
to calls.
Speaker 3 (21:34):
Uh.
Speaker 5 (21:34):
Mandy asks them if home insurance covers that dog bite
if it happens on a trail or away from your property,
if you have a big liability policy, would that cover
something that happened to off your property with your dog?
Speaker 2 (21:47):
So probably the answer is probably, and we've done it before. Yes,
and so homeowners need to get the best coverage you can.
But since the strict liability for the medical bills, as
we said, it's going to pay, there's some muchy's gonna
pay in my will be the insurance company, all right.
Speaker 5 (22:02):
I have multiple follow ups about the icy driveway. One
of them is I live on two acres in Parker
and my driveway is really long. I shovel the walkway
from the driveway to my house about fifteen feet.
Speaker 4 (22:14):
However, I rarely shovel the driveway. Do I have liability?
Speaker 2 (22:18):
Okay, Ron, I'm gonna you know, I mean something like that.
The idea is, if you have a common.
Speaker 1 (22:25):
House in a common neighborhood where people are going to
be going up and down, and you're gonna have deliveries
into your driveway or you're going to have people that
might be using your driveway if you're talking about where
you're living. The most I would worry about there is
shoveling a path that somebody can walk up your driveway
in a safe and reasonable manner without falling or slipping
(22:45):
on ice or snow, not drive not part, not shoveling
the entire driveway.
Speaker 4 (22:50):
So they could just file take that path from their
front door and just zip it out.
Speaker 2 (22:54):
They can. But my answer goes, that's a private, private driveway,
but is it used for like the public sidewalk. So
for example that we used earlier Mandy was if you
got deliveries, and you might have deliveries, and you know
deliveries are going to come there, then you got a
duty and responsibility. Okay, but if nobody's ever going to
use your drivewayway, sure on private property, you know, probably
(23:17):
no requirement whatsoever.
Speaker 6 (23:19):
But if you order from Amazon, shovel a side a
path for.
Speaker 4 (23:22):
The Amazon driver will thank you.
Speaker 5 (23:24):
All right, let's go to Jeff. Jeff, his mom was
involved in a car accident. Jeff, you're on with Gry
and Brad from Bell and Pollock.
Speaker 7 (23:31):
Hi.
Speaker 11 (23:32):
My question is dealing with the insurance companies and the
actual police report that happened for this accident, my mother
t boned a fellaw who was in a truck trying
to back a trailer across the country road, couldn't see
any lights or anything, and the other person got cited
for improperly backing a trailer or something like that. However,
(23:54):
when we went to get satisfaction from the insurance companies,
they both said, oh, yeah, you're mom's of fault here too,
and we're like, well, send a thing up the subrogation,
let's get you know, let's get a third party to
rule on this. And they both came back and said, yeah,
even though the other guy was sighted, your mom's still
a fault. And that's just not making much sense to
(24:17):
me when the other guy was sighted, and you know,
my mom sustained some pretty serious head injuries because their
airbags didn't deploy. And I'm just kind of wondering, you know,
what kind of what can we do here with this
kind of a situation.
Speaker 2 (24:32):
Okay, a couple of questions, and I'll jump all over
for you. When did this happen back in October? Last October? Okay, well,
last year. We're losing the war against time. Okay, and
we'll be glad to talk to You'll be glad to
meet with you. There's no charge anything. Here's the deal.
This is what lawyers. They never tell you on TV
or otherwise, but this is what lawyers call a fact
(24:54):
driven machine, a fact driven circumstances. So what does that mean?
That means means what are the actual facts? Because the
insurance company are going to say, they use these fancy
words comparative negligence, meaning your mother was a fault, We're
not gonna pay, We're not going to pay. No, But
what are the facts? And sometimes you have to get
if there's injuries involved, you have to get engineers to
(25:15):
back up the facts. You have to get engineers to
accident reconstruct the accident. But there's other ways to do
it as well. And so what does the intersection look like?
Speaker 1 (25:24):
What?
Speaker 2 (25:24):
What does this backing up a trailer? You can't back
up a trailer. So what are the facts? You understand
what I'm saying. The actual facts have to be investigated.
And I'm not just talking about a casual you know,
a cup of coffee conversation. I'm talking about in detail, Brad, you're.
Speaker 1 (25:38):
Taking, well, the guy was backing a trailer rope across
the public road. The cause incident a crash stop it.
Just tell the insurance company we don't want to hear it.
Speaker 6 (25:48):
They need to pay that.
Speaker 1 (25:49):
That's my advocate. Now, now you know, maybe they've got something.
Your mom is speeding or she should have seen it
or whatever. You know that that's where you need to
have an advocate for you that says that you're not
going to by that. Of course, the insurance company's going
to say they don't want to pay. Of course, they
ain't never want to pay anybody.
Speaker 6 (26:05):
That's just the way insurance companies work.
Speaker 2 (26:08):
So I'm going to tell you what we tell our
listeners a lot. Okay, and our Saturday morning show US
seven o'clock on k Howe and otherwise. Sometimes you don't
need a lawyer, and they're kind of surprised when you
say that, but in this case, you need a lawyer
period period.
Speaker 4 (26:25):
Jeff, give him a call tomorrow at the office.
Speaker 2 (26:27):
All right, thank you, very all right, thank you, Jeff.
Speaker 5 (26:30):
I want to get in one more before we have
to take a break here in about two and a
half minutes.
Speaker 4 (26:33):
Andrea, you're on McGary and Brad.
Speaker 3 (26:36):
Hello, Hello, Hi, my.
Speaker 7 (26:39):
Son took a trip down to Cancun, Mexico in December
of twenty three, and I talked to a couple of
people about it and they told me it wasn't worth pursuing,
but I thought I'd just call. He was visibly ill
on the flight and after the flight. I know it's
because a woman took his phone from him, was talking
(27:00):
to him and said he had thrown up a couple
of times.
Speaker 12 (27:03):
He had passed out about.
Speaker 7 (27:04):
Twice before he actually got out of the terminal. He
had no recollection of being sick or what had happened.
And the reason I know that the flight attent knew
he was sick is the next day, when he was
leaving with my husband, the flight attendant ran up to
him and said, are you okay? You were really bad yesterday.
(27:26):
And so I'm just wondering, are they supposed to get
medical attention for somebody who's visibly ill on the aircraft
during flight when he arrived.
Speaker 2 (27:37):
They sure should be doing something.
Speaker 1 (27:38):
It's crucial to inform the flight attendants or make sure
they know and they can provide some assistance based on symptoms.
Speaker 5 (27:45):
Can I speak as a former flight attendant on their one?
Let me just say this, and I'm not trying to
disparage your son, but a flight out of Cancun, a
young man vomiting on that flight is not unusual because
there was probably a lot of alcohol consumed. I'm not again,
I don't know what your son, but that is no
an uncommon situation. Similarly, out of Las Vegas, if we
had medical attention for every purposon who threw up flying
(28:06):
out of Las Vegas on a six am flight, it
would be NonStop ambulances wherever they landed.
Speaker 1 (28:11):
And that's where they have to assess the symptoms and
decide whether or not they think those are something out
of the ordinary or if it's something they see every day,
based on what's going on, who the person is, and
what's been happening.
Speaker 12 (28:21):
Right, it makes it At tells me that he has
a VP shunt in his head, and I am sure
that it was a malfunction because it was an early
morning flight to Philly and then from Philly to Cancun.
This kid does not drink when he's traveling, so he
was just arriving there to meet something.
Speaker 4 (28:39):
Oh, he was arriving in Cancun.
Speaker 7 (28:41):
I apologize, he was riving and he tells me he
has zero memory of getting on the flight in Philadelphia
and zero recollection of actually.
Speaker 12 (28:53):
Nothing between getting off the flight and talking to me
in the hospital in Cancuns and the flight And it
recognized him the next day in the terminal when he
was with his father, who flew down that night at
midnight to bring him home, and said, man, are you okay?
You were really bad?
Speaker 7 (29:11):
And so why didn't think I was on the phone
with the people at the Kansuman Airport, I said, my
son is in there somewhere. He needs attention, Please find him, please,
and nobody can find him. He had managed to get
himself to in a taxi.
Speaker 12 (29:26):
Has no memory of any of this. So when your
son's malfunctions, are you guys familiar with VP shunt brain? Yeah,
And when the pressure goes up, you can get very
sick really quickly, have no memory, be very nauseous, throw up,
and you can even pass out. And these are all
things that happened.
Speaker 4 (29:47):
To him in the terminal.
Speaker 7 (29:50):
And yeah, the flight attendant.
Speaker 12 (29:51):
Recognizing him, you know, is just wondering if I haven't
your recourse with the airline because he was sick on
the aircraft, can.
Speaker 5 (29:59):
We get the answer, I have to let you go
only because I have to take a break. We'll get
the answer on the other side. All right, We will
be right back. For our prior caller who was looking
for some maybe some recourse from an airline because she
felt like the flight attendants were not responsive enough to
her the son who was ill.
Speaker 1 (30:14):
Sure, the first steps I'd take is I would go
get in touch with the doctor who put the shunt
in or was managing the shunt, and sit down with
the doctor, talk about what happened to the sun, talk
about the symptoms the sun had, talk about what might
be his problem is see if the doctor believes that
this is the result of something that the airlines did
wrong or that the flight attendant did wrong. It doesn't
(30:37):
sound like the flight attendant did anything wrong. So the
question is was the cabin properly pressurized?
Speaker 6 (30:43):
Sounds like it was.
Speaker 1 (30:43):
Doesn't sound like there's a lot of complaint there. But
the first step is going to the medical professional and
finding out whether or not the symptoms that her son
had are something that can come from being on that flight.
Speaker 2 (30:57):
Well, and the other thing I saw is, you know, everybody,
you should have person responsibility, and in this situation. The
young man should have personal responsibility. If he or the
mother knows about a condition that reacts to pressure, reacts
to flying, then they should disclose that or not or
not fly. That's not necessarily automatically. The airlines flight a fault,
(31:17):
and I don't really see it. Look, airlines fly people
from point A to point B. They're not emergency rooms.
They're not hospitals, and God bless the flight to gendants.
They do a great job. They've got emergency kits on
board and they do the best they can. But they're
not emergency rooms. So if the patient knows they have
a condition, it should be disclosed. And I have seen
(31:40):
people that are dying of cancer said I'm not going
to tell anybody. I gotta get on this. I got
to go from back home to Cleveland or to New York,
So I'm not going to tell anybody. Well, that's not
the airlines's fault. The other thing I would tell the
mom is you talk to the doctor about the word
causation and what does that mean in legal mumble jumble,
it means did what's the airline do or not do?
(32:01):
Or what happened on the flight? Did it cause anything
that wasn't gonna happen anyway. Did it cause something different?
And remember, they almost have no duty in this situation.
That being said, I know flight attendants that are very professional.
They tell the pilots. Sometimes pilots radio ahead right, they
get instructions, They do the best they can. They're not doctors.
(32:24):
And I just don't I don't see it, but wo,
I wouldn't stop looking for lawyers.
Speaker 5 (32:29):
Ma'am, all right, we are going to talk to Tom.
This is probably our last one. We only have a
few minutes left. Tom, quickly you're on with Bell and Pollock.
Speaker 4 (32:36):
What happened?
Speaker 3 (32:38):
Sure, good gentlemen.
Speaker 9 (32:40):
On January twenty first, I was picking up a passenger
at the height on Fourteenth Place in Denver. A gentleman
happens to.
Speaker 3 (32:49):
Be using a wheelchair.
Speaker 9 (32:52):
When I picked them up. I let him into the
help him get into the backseat, and I was putting
his wheelchair in the back of my hatch. When doing so,
his wheelchair kind of slid out and nailed me hard
in the thumb. I had not yet on the apps
started the fare itself, but I was in the process
(33:12):
of picking up the gentleman. He was assigned to me.
I was able to get him to his destination and
complete the fare that way. Addictive over their response team
a call letting them know I was injured in the
process of transporting the customer. I did speak to Progressive,
(33:34):
who happened to be their accident insure and at that
time also my personal auto insurre, and on both sides
they told me that neither the insurance from the Uber
side was going to cover going to the doctor. I
wound up going to use your urgent care and wound
(33:55):
up getting a bill for three hundred and twenty five
dollars on my own. At that time when I had Progressive,
I did have the Uber ride Share.
Speaker 3 (34:07):
Amend.
Speaker 9 (34:07):
I'm the writer on there in case that something was
to happen, so.
Speaker 5 (34:12):
Real quick, because we're out of time, Tom, I'm just
gonna ask does who does he go after?
Speaker 1 (34:16):
Here?
Speaker 4 (34:17):
Guys, which insurance company?
Speaker 2 (34:20):
Okay, so you make the claim, I don't think they're
going to cover it, be honest with you, unless you
prove there was some defect in the wheelchair. If it
was a normal operating wheelchair, I don't think they're going
to cover it. They have to look for somebody's negligence
or breach of a duty, and if the guy that
owns the wheelchair doesn't have a defective wheelchair, I just
don't think. I don't think they're going.
Speaker 3 (34:39):
To cover it.
Speaker 2 (34:40):
You need to call me. We can talk about a claim. Uber.
Speaker 1 (34:44):
Quite often these instances will send it to mandatory arbitration
and give you a chance at proving your case in arbitration.
It's longer than what we have a chance to talk
to you today about. But call the office to talk
to me and we'll see what we can do to
get you set up to get access to make Can
you queen?
Speaker 4 (35:01):
All right? Guys, Tom, I hope that helps.
Speaker 5 (35:03):
I have five and or more questions on the text line.
I have three people hanging online right now.
Speaker 4 (35:09):
All of these things. This is the kind of stuff
you talk about on both shows. When is your show
on k hell? What time is that?
Speaker 2 (35:13):
It's so seven o'clock every Saturday morning, one hour.
Speaker 4 (35:15):
O'clock one hour.
Speaker 5 (35:17):
You could do a half hour here on on KOA
at ten o'clock, one hour one hour on I'm sorry,
I don't know why I said half an hour. As
I said, this is my driving around doing errands. You
guys keep me company on Saturday morning. You can also
call if you have an issue and you just want
to know. This is what they do in their office too, right,
I mean you can call, you talk to someone, you
have these same kind of conversations and find out if
(35:39):
you actually need an attorney. So that's what they do
all day, every day. Three oh three seven nine five
fifty nine hundred. Thank you very much, guys, thank appreciate it.
The Mandy Connell Show is sponsored by Belle and Pollock
Accident and injury Lawyers.
Speaker 2 (00:05):
Well, no, it's Mandy Connell, Andy Connell.
Speaker 3 (00:11):
Koa nine am.
Speaker 4 (00:15):
God, Wait, guy, can any three by Connell? Keeping sad
thing local local. Welcome to the second hour of the show.
Speaker 5 (00:29):
And you may be confused when you hear these next
two voices. You might think to yourself, Wait, those gentlemen
are on Saturday morning when I'm running errands. That's what
I listen to the Bell and Pollock Personal Injury Show,
and I say it all the time. Every time I listen,
I learn something new and it makes me feel a
little dumber but then a little smarter by the end
of the show. Joining me in the studio Now from
Bell and Pollock, I've got Gary Bell and Brad Pollack.
Speaker 6 (00:52):
Hello, Mandy, how you going?
Speaker 2 (00:53):
Hello Manday's time due legal Rock and Ronald let's get
going here.
Speaker 5 (00:57):
Well, I told you, guys, I love hearing other people
those problems. I know that sounds weird, but I find
it fascinating the things that happen in society on a
regular basis that you don't necessarily think about.
Speaker 4 (01:08):
You guys have been doing this for how long.
Speaker 2 (01:10):
We've been doing the show twenty five thirty years now, So.
Speaker 5 (01:13):
What do you know the weirdest case you've ever had?
Do you have one that springs forth when you go, wow,
that was a doozy?
Speaker 2 (01:20):
Yeah, we have several. But you know, speaking of that,
we had a great call in our show a while
back and the guy says, I am so mad at
my neighbor. He lived in eastern Colorado out on the planes.
I'm so mad at my neighbor because so what's the problem. Well,
he put a beehive on the fence next to my property.
Well it's on his property, and so can you guys
do anything about it? And what are the rights? So
(01:42):
that was pretty wild and.
Speaker 7 (01:43):
What I mean?
Speaker 4 (01:44):
But what happens then? Do you have the right to
tell somebody to move their beehive?
Speaker 2 (01:47):
Yeah, that's great because I know that you're you are
a big property owner person. So yeah, so are we Okay,
So you can use your property, you just can't create
a nuisance, okay. And so then and then the argument is, well,
that's my property. I can do what I want, but
you can't create a nuisance like if you had water
overflowing or something like that would be. The other thing
(02:07):
was that on this case he had plenty of places
to put it down the fence away from the guys.
Speaker 4 (02:13):
He was just mina jersey.
Speaker 2 (02:14):
Yeah, exactly.
Speaker 4 (02:15):
Well, I want to open the.
Speaker 5 (02:17):
Phone lines to anyone who has any kind of situation
where they have been wronged, they have been harmed by
the negligence of someone else. If you if you've been
in that situation and you have a question, and I
will tell you guys that in the past, when I
have done these on various shows, various markets, it's a
lot of people who call and say, should I have
called an attorney?
Speaker 2 (02:37):
Right?
Speaker 5 (02:38):
Should I have called? I think, why don't people just
pick up the phone and ask the questions. Let me
get the phone overer out three O three seven one
three eighty five eighty five. That's seven h Let me
try that again, three O three seven to one three
eighty five eighty five and Grant will screen your call
in just a second. I mean, how often do you
think people just don't make the call, or they don't investigate,
(02:59):
and they end up getting shorted.
Speaker 1 (03:01):
That's the problem. A lot of times people don't call
when they should call. The call is free, there's no
reason not to call, get some initial advice, figure out
what you want to do, and you get people that
don't make the call when they should.
Speaker 2 (03:13):
And I'd say.
Speaker 1 (03:15):
Fifty percent of the calls I get that are late
is just because somebody was afraid to pick up the
phone and talk.
Speaker 6 (03:20):
To their lawyer.
Speaker 5 (03:21):
As a daughter of an attorney, I mean from the
time I was five years old, I think I knew
in any situation, even if everything is perfectly fine and
everything's going your way, you better have somebody there because
you don't know what.
Speaker 4 (03:33):
They know you know in any situation. So I have
a couple questions for you guys that I want.
Speaker 5 (03:38):
To get answered to, and one of them is this,
So I know I am not alone in asking this
question here in the Great Metro. But after it snows
in my neighborhood, there are sidewalks around some houses, not
all houses.
Speaker 4 (03:50):
Theyre's not sidewalks in every part.
Speaker 5 (03:53):
But some Most people, a vast majority of people in
this neighborhood, they all do the right thing. They shovel
their sidewalks. The only reason this matters is because when
they plow the road, it creates this huge mountain of
snow between the street and the sidewalks. So if they
don't shove with their sidewalks, then you have the choice
of walking through sometimes really deep snow or even worse,
it gets packed down and it gets turns into ice.
(04:15):
And it's not only inconvenient, it is like, I mean,
I have a Saint Bernard, so anything could go wrong
at any time when I'm walking my dog. What responsibilities
and what repercussions if I fall and kill myself on
their sidewalk?
Speaker 8 (04:29):
What is there?
Speaker 4 (04:32):
What do they have to be responsible for?
Speaker 2 (04:33):
Okay, I'm gonna ask for a part of it, and
then you gonna catch the common law part of it. Listen,
you live in Douglas County. There's an ordnance in Douglas
County called the Snow and Ice Ordinance Number zero zero seven.
That's zero zero three. Okay, what does it say? It
says property owners are directly responsible for clearing sidewalks bordering
their property. They can hire it out, but they're ultimately responsible. Okay.
(04:57):
It also says, what's the timeframe? When do you have
to do this? Right, but it snows, the snow and
ice both must be removed within twenty four hours after
the snow stops falling. Okay, that's the time frame. And
then should should they shovel the snow on the street. No,
the order says you got to put it on your lawn.
Speaker 4 (05:15):
Well, that makes sense. It also waters your line exactly.
Speaker 2 (05:17):
So, so that's the ordinance part. That's what we call
lawyers call the statutory part. Brad's going to explain to
you what the property liability common law statute is for
the duty and responsibility if you don't comply.
Speaker 6 (05:30):
Well, it's pretty simple.
Speaker 1 (05:31):
If you've not exercised reasonable care and taken care of
your property, you're going to be responsible for injuries that
are caused by your failure to exercise that reasonable care.
One of the things you have to do and reasonable
care is remove the snow and ice from your sidewalks.
Probably should be careful because you probably want to remove
it from the driveway.
Speaker 2 (05:51):
Also, that was a follow up question.
Speaker 5 (05:53):
I got to this a delivery driver said, I'm delivering
huge boxes. Are people responsible if I fall and you know,
wipe out in their driveway that has not shoveled.
Speaker 1 (06:03):
Right, Well, if they've had twenty four hours it has
been snowing. Under law and even under the common law,
especially if they're ordering those packages they're having people come
to their property.
Speaker 6 (06:14):
You've got to make your property safe for people.
Speaker 1 (06:17):
And the bottom line is is get the snow shoveled,
get the ice melt out, take care of your sidewalk,
take care of your driveway, and avoid the problem.
Speaker 5 (06:26):
Okay, So I'm just gonna leave a little note. I'm
gonna start leaving little post it notes on people's doors.
There's a tiny handful of people that does this, right,
but boy, it makes it awful and dangerous and not
fun to be out there.
Speaker 4 (06:38):
And some of us we got it. I gotta walk
my dog.
Speaker 2 (06:40):
You just said the keyword in the statue, dangerous, dangerous condition.
That's what it causes. But boy, would I love to
cross exam in one of those neighbors that doesn't do this.
That would be so easy to do, right. Okay, Suppose
this neighbor didn't clean his driveway and he says, well,
the Organs doesn't say driveway, It says sidemark, mister Bell, right, Well,
I would find out immediately having the packages you've had
(07:01):
delivered in the last year through your driveway, and then
then I had on you.
Speaker 5 (07:05):
Okay, So I'm glad I asked this question. I am
now armed to the teeth with the information that I need,
Thank you very much. But I have callers on the
line who want to join the party.
Speaker 4 (07:14):
So let me go to Jeff. You are on with
Gary and Brad from Bell and Pollock.
Speaker 1 (07:21):
Hi.
Speaker 3 (07:21):
I have a question pertaining to.
Speaker 4 (07:23):
A dog fight. A dog fight, oh bite? Okay?
Speaker 3 (07:29):
Yeah, So if somebody has a dog that's on a
path and.
Speaker 9 (07:36):
They let that dog bite you, what are the recall
or what are the actions that can be taken for that?
Speaker 2 (07:43):
All right, I'm gonna give you the first part, Brad,
I'll give you the second part. Thanks for the question. Uh,
the laws change in Colorado. It used to be this
old adage of every dog gets his first bite. That
was the old adage. That's kind of comical, sometimes not
so comical. But that changed and they passed you or No.
Eight nine, ten years ago. That says theirs strict liability
(08:04):
for dog bites. What does that mean to you? That
means if they let their dog go, or they don't
let their dog go, and or if their bite dog
bites you for any reason whatsoever, whether he's had a
dog bite before, whether he was considered dangerous before it
doesn't matter. It's strict liability, and they owe you automatically
for all your medical bills. Now that doesn't cover the
(08:24):
rest of your damages, but for all your medical bills.
And I've seen some of them fifty sixty thousand dollars
of face repair on dog bites, but rather the rest
of the damages are recoverable.
Speaker 1 (08:33):
Sure that statue is CRS thirteen twenty one four, and
it's it's very simple. The dog owner is automatically liable.
Whether or not the owner is negligent and caring for
the dog, or whether or not the dog has ever
shown signs of aggression, They're going.
Speaker 6 (08:48):
To be liable period.
Speaker 1 (08:50):
They've got the responsibility now that that liability under the
statute is for the expense of taking care of the
dog bite. Obviously there's times when you have more than
the expense of taking care of the dog bites.
Speaker 6 (09:04):
The emotional problems this can cause.
Speaker 1 (09:06):
If it's a young child, it can cause a whole
lot of emotional problems for the child. Then they start
looking into a little bit more. Did you know the
dog had dangers to propensities?
Speaker 2 (09:14):
Were you're not.
Speaker 1 (09:15):
Properly taking care of the dog, or were you not
properly candeling the dog when you had people over.
Speaker 6 (09:20):
Did you get any any kind of training for the dog?
Did you get any kind of disciplinary actions with the
dog so that you could control the dog?
Speaker 1 (09:29):
And that's when you start getting into even greater damages
that you're going to be responsible for as the owner
or as the person on the property who you're responsible
for that dog.
Speaker 9 (09:40):
Help.
Speaker 2 (09:41):
I'm so sorry. One more point. So medical bills are
strict liability. You get them, you should get them, and
they pay the rest of your damages. You have to
prove and you have to go out. It's the ordinary way, gotcha, all.
Speaker 4 (09:53):
Right, Jeff? Does that help?
Speaker 3 (09:55):
Thank you very much?
Speaker 4 (09:55):
All right, thank you. Let me go to John. You're
on mcary brad from Bell and Pollock.
Speaker 3 (10:02):
Hey, guys, thank you so much for let me to
say that I had the opportunity to have the gentlemen
well as lawyers, but I got dropped from them because
I refuse to do a needle test. I was definitely
afraid of needles, and which was the test was going
to be done during surgery anyway, So I eventually had
(10:24):
the test out, but they dropped me as a client because.
Speaker 4 (10:29):
John, I'm going to say this.
Speaker 5 (10:30):
I would prefer you take this up with them at
their office because I can't verify anything that you're saying
right now, and they're both sitting here looking at me
and shaking their heads.
Speaker 2 (10:38):
Everybody know.
Speaker 3 (10:39):
Just letting everybody know how that would be.
Speaker 5 (10:42):
You know, guys, Sometimes, and this is my responsibility here,
people will call up that are not necessarily engaged with
the with the people on the show and try to
say something that's negative and we don't have any way
of verifying that. And I hope he does call with
you guys, follows it up with you guys. Anyway, glad
(11:02):
to take the car? Yeah, three oh three, seven eighty
five eighty five Bill, you're on with Gary Brad from
Bell and Pollock.
Speaker 8 (11:10):
Hey, guys, Mandy's honor. I have a I bought a
twenty two ionics five from Handy and the car broke
down and it was in the shop total for almost
a year, like literally eleven and a half months. I'm
a ten ninety nine client, I'm a taxi driver and
(11:31):
I bought the car to be an owner operator. During
that time, I lost over thirty thousand dollars and all
had I told you was we gave you a honor.
They wouldn't honor the meeting. Lemon law business business.
Speaker 4 (11:48):
Wait, is that accurate?
Speaker 3 (11:49):
So Lemon law?
Speaker 4 (11:51):
Lemon laws don't apply to businesses when they buy a vehicle.
Speaker 1 (11:54):
It's usually to consumers who buy a new vehicle where
the Lemon law applies.
Speaker 9 (11:58):
Uh.
Speaker 6 (11:59):
They will fight you to say that they're not.
Speaker 1 (12:02):
Responsible under the Lemon law for a business operation or
a business endeavor where you're losing money. However, there are
other ways to go after him, and the other ways
to go after him are to hold them responsible with it.
But they have to have the knowledge that's that's what
you intend to use the vehicle for, and they have
to be selling it to you for that purpose for
you to be using the vehicle as a commercial vehicle.
Speaker 4 (12:25):
And did they know that, Bill?
Speaker 8 (12:28):
I did mention it to the guy when I was
buying it to the salesman. I don't know if you
mentioned it to the finance guy, but I did mention
it to the salesman.
Speaker 2 (12:36):
Okay, Well for my take. You know a lot of
people talk about the Lemon law. We got the Lemon law.
Speaker 7 (12:40):
Wow.
Speaker 2 (12:41):
Sometimes you don't want to be subject to the Lemon
law because you got to take it back a number
of times. You have to give them a fair opportunity
to repair, and I've seen that not workout more than
i've seen it work out. But back to your issue.
So if the Lemon law doesn't apply, what you know
what what representations were made by you them? And this
(13:02):
would this would involve a little bit of consultation with
you to go over because if you bought it for
specific purposes or purpose, there's implied warranties that need to
be explored, implied warranty for fitness of a particular purpose,
imply implied warranty of merchant ability, et cetera, et cetera.
So it's hard to just give you a black and
white answer. I'll be glad to be glad to help you.
(13:24):
But if they misrepresented or if they knew the purpose
you were using the vehicle for and it didn't work
out and it was known, you can't be secret. If
it was known, then I think you got remedies as
bread setting.
Speaker 4 (13:37):
Have you follow up with them in their office. That's
other plan.
Speaker 8 (13:42):
Had other lawyers tell me it's a winnable case, but
it takes too long.
Speaker 6 (13:46):
Well, what do they mean by it? Takes too long.
I mean, you know, you hear a lot of things
about but.
Speaker 1 (13:52):
Lawyers wanting to get cases done fast. Sometimes getting case
done fast isn't what you need. Sometimes you need to
make sure you do the right job, and you do
and you approach it correctly.
Speaker 6 (14:01):
So I don't know why they say it takes too long.
Speaker 1 (14:03):
I think I think you got to sit down with
some lawyers who have the willingness to stick it out
for you.
Speaker 8 (14:11):
I would love a complication.
Speaker 4 (14:12):
All right, give a.
Speaker 5 (14:13):
Call there, Thank you very much. Okay Roberts, you're on
McGerry and Brad from Bellan Pollock.
Speaker 4 (14:20):
What's your question?
Speaker 10 (14:22):
Yes, a underage driver that lives down the street took
his mom's suburban and hit three of my vehicles, and
I recently got a judgment for approximately seventeen thousand dollars.
Question is, and the owner of the car was the
mother's boyfriend. So I'm wondering this fifteen year old. I
(14:47):
don't think he's going to have a job forever.
Speaker 8 (14:53):
What do I do?
Speaker 10 (14:54):
Is there any legal recourse to have to get a
lawyer to sue the parents or the owner of the vehicle.
I guess that's basically, well.
Speaker 2 (15:01):
Let me ask you a couple of questions and then
Brad can start flying over here. Legally, Uh, you said
you got a judgment. You use that word. Did you
go to court and you get a judgment?
Speaker 3 (15:10):
Yes?
Speaker 2 (15:11):
Against the minor?
Speaker 7 (15:14):
Uh?
Speaker 10 (15:15):
Yes, you're the only one charged.
Speaker 1 (15:17):
In state court. In criminal court. Carry Oh, it was
always in a bit. It was restitution that you got,
wasn't it right?
Speaker 10 (15:23):
Yes?
Speaker 2 (15:24):
Okay, you haven't sued in civil court anybody?
Speaker 10 (15:29):
No.
Speaker 2 (15:29):
Okay, Well, if you did, we'll be glad to consult
with you. But if you did what you have to
do and you avoid a bunch of legal mumble John
Jumbill called race you da kata and collateral stopp well,
all that means this, you have to bring all your
claims that you're ever going to bring. I guess everybody
you're ever going to bring them. And so if you
sue the minor but you didn't sue the parents, assuming
(15:51):
the parents meet the test, which is another conversation, then
then you're not doing yourself justice. So that's the civil
liability of it. So don't just walk down to the
courthouse finally complaining against just one of them investigated. And
before you do that, because you can lose rights when
you do that sounds weird, crazy, but the way it is, Brad,
can you sue a kid, Well, it's probably not gonna
(16:13):
do any good.
Speaker 4 (16:15):
Can you even do that.
Speaker 5 (16:16):
We can't hold you know, miners responsible for contracts, so
can they be sued They can be found liable in
that case.
Speaker 2 (16:22):
Absolutely.
Speaker 1 (16:23):
In this case, yes, you have a judgment against the
kid for restitution. That doesn't include a number of other
elements of damages that you're entitled to. That's probably just
the amount necessary to fix the vehicle or your cars.
Speaker 2 (16:38):
Yeah, that's exactly it.
Speaker 1 (16:40):
And it probably doesn't compensate you for the time without
the cars and for any rental cars you're gonna have,
and other expenses you're gonna have.
Speaker 2 (16:47):
That takes going to court.
Speaker 1 (16:49):
That this would be a county court action and to
be an action that you should be able to get
a lawyer.
Speaker 6 (16:54):
Give us a call at our office. We'll talk to
you about it. It's something you can do to to
go against the parents.
Speaker 1 (17:02):
You start looking at who had the responsibility to watch
over that vehicle, who had the responsibility to make sure
it was safely tucked away in the driveway or in
the garage, or along the.
Speaker 6 (17:13):
Curb, and you weren't going to have an aggerous driver
drive it.
Speaker 2 (17:16):
Maybe mother's boyfriends should come into the picture here, let's
get it going on that.
Speaker 4 (17:20):
But I'm sure he was thrilled that his vehicle was used.
Speaker 2 (17:23):
Really really three or But let me tell you one thing.
You might already have the most powerful remedy because you've
got restitution. What does that mean? If you suit in
civil courts, you have to go through a trial, all
that stuff, you got to get a judgment, But you've
got an order of court granting you restitution. So if
anybody violates the order, then they're in contempt of court.
(17:44):
So you can wait, I guess you can wait, But
you can wait till a little bit longer, till you
get your job, okay, because that order is not going away.
It's right there. And it's easier for a lawyers to say,
you've got an order. Of course you have to comply,
other than I'm gonna ssue you both. But it's just
easier when you've got an order already there.
Speaker 5 (18:03):
Right, Is there any way to hold anybody else responsible
for that?
Speaker 4 (18:08):
Restitute shorter? But it's court orders to.
Speaker 5 (18:10):
The kid, I mean because Let's be real, kid's fifteen
years old. He's right, This kid's not gonna have a
job that pays well for I mean a decade.
Speaker 2 (18:17):
If that right.
Speaker 5 (18:18):
So that seems like a silly, silly thing. I guess
there's no other way to do it, though, is there.
Speaker 2 (18:25):
Look, look, you haven't done a civil action yet, so
you can make a claim against the boyfriend's insurance company
and they're going to say, well, we're not responsible.
Speaker 10 (18:33):
What Yeah, he was uninsured unsure vehicles. All of my
vehicles had liability insurant. It's really high liability interurants. They're
all paid for.
Speaker 2 (18:47):
And yeah, well listen, maybe there's some hope left on
the on the horizon here. We did a lot of
legal shows called finding Insurance, okay, and the gravam on
the bottom line for you right now is the kid
didn't have any insurance, but and the and the boyfriend
didn't have any insurance. But there's anybody in the household
that lives there that might be related as a resident
(19:09):
relative that has insurance or are we just talking about
nobody has insurance?
Speaker 10 (19:15):
I I don't know, but I don't believe any of
them had.
Speaker 2 (19:19):
Are you sure that's no insurance of course. Are you
sure there's no insurance? Well?
Speaker 10 (19:27):
Sure, I mean here was he when the boyfriend walked
up the street with the mom. They had no proof
of insurance. And then I think they found a card
but it was expired.
Speaker 2 (19:39):
No, no, you haven't heard directly from the insurance company yet.
We could help you do this for free. You you
need to make domand on the insurance. No, you make
demand on the insurance company. We got to find out
who it is and let them tell you. And when
we get that answer, a lot they say, oh, I'm sorry, sorry,
there's no insurance. Prove it. Well, here's how you're going
to prove it.
Speaker 6 (19:57):
Do you have uninsured insured letters covered?
Speaker 4 (20:00):
Yeah, he said he was. He was covered up to
the limits.
Speaker 1 (20:02):
So yeah, you have uninsured motors coverage included on your policy, right.
Speaker 2 (20:07):
I think he said he only had liability of coverage.
That's what I'm trying to find out.
Speaker 10 (20:10):
It was just yeah, just liability.
Speaker 1 (20:13):
Yeah, yeah, no, you I am okay, all right. You
know this is one where some pressure asked me applied
against the the boyfriend, against mom exactly. Somebody negligently supervised
that child and didn't take care of what he was
supposed to be doing. Another question is do you know
if the if the fifteen year old had started driving yet?
Speaker 6 (20:34):
No, okay, so he wasn't on a permitted he was
permitted and yeah.
Speaker 2 (20:39):
Nothing okay the police.
Speaker 10 (20:42):
I asked the police about the insurance from the boyfriend,
and the police said, well, there's no insurance. Uh so
I have no idea how to find out.
Speaker 2 (20:53):
If you know. Okay, but I have no record. I'm
sorry to interrupt you, but take that with a grain
of salt, because what they usually in police usually means
is they didn't have any proof of insurance. And a
lot of accidents and people I don't know where manin
Schorge card is. Just because they don't have proof doesn't
mean they have They don't have insurance. It needs to
be pushed, pressed, investigated.
Speaker 5 (21:13):
Come see us, give them a call at their office.
Three oh three seven nine five fifty nine hundred. We're
going to take a quick time out. We're with Gary
and Brad from Bell and Pollock. Gets your injury questions
ready now three O three seven one three eighty five
eighty five back after this, I have some follow up
questions from our icy sidewalk via the text line if
we can do those real quick and they'll get back
(21:33):
to calls.
Speaker 3 (21:34):
Uh.
Speaker 5 (21:34):
Mandy asks them if home insurance covers that dog bite
if it happens on a trail or away from your property,
if you have a big liability policy, would that cover
something that happened to off your property with your dog?
Speaker 2 (21:47):
So probably the answer is probably, and we've done it before. Yes,
and so homeowners need to get the best coverage you can.
But since the strict liability for the medical bills, as
we said, it's going to pay, there's some muchy's gonna
pay in my will be the insurance company, all right.
Speaker 5 (22:02):
I have multiple follow ups about the icy driveway. One
of them is I live on two acres in Parker
and my driveway is really long. I shovel the walkway
from the driveway to my house about fifteen feet.
Speaker 4 (22:14):
However, I rarely shovel the driveway. Do I have liability?
Speaker 2 (22:18):
Okay, Ron, I'm gonna you know, I mean something like that.
The idea is, if you have a common.
Speaker 1 (22:25):
House in a common neighborhood where people are going to
be going up and down, and you're gonna have deliveries
into your driveway or you're going to have people that
might be using your driveway if you're talking about where
you're living. The most I would worry about there is
shoveling a path that somebody can walk up your driveway
in a safe and reasonable manner without falling or slipping
(22:45):
on ice or snow, not drive not part, not shoveling
the entire driveway.
Speaker 4 (22:50):
So they could just file take that path from their
front door and just zip it out.
Speaker 2 (22:54):
They can. But my answer goes, that's a private, private driveway,
but is it used for like the public sidewalk. So
for example that we used earlier Mandy was if you
got deliveries, and you might have deliveries, and you know
deliveries are going to come there, then you got a
duty and responsibility. Okay, but if nobody's ever going to
use your drivewayway, sure on private property, you know, probably
(23:17):
no requirement whatsoever.
Speaker 6 (23:19):
But if you order from Amazon, shovel a side a
path for.
Speaker 4 (23:22):
The Amazon driver will thank you.
Speaker 5 (23:24):
All right, let's go to Jeff. Jeff, his mom was
involved in a car accident. Jeff, you're on with Gry
and Brad from Bell and Pollock.
Speaker 7 (23:31):
Hi.
Speaker 11 (23:32):
My question is dealing with the insurance companies and the
actual police report that happened for this accident, my mother
t boned a fellaw who was in a truck trying
to back a trailer across the country road, couldn't see
any lights or anything, and the other person got cited
for improperly backing a trailer or something like that. However,
(23:54):
when we went to get satisfaction from the insurance companies,
they both said, oh, yeah, you're mom's of fault here too,
and we're like, well, send a thing up the subrogation,
let's get you know, let's get a third party to
rule on this. And they both came back and said, yeah,
even though the other guy was sighted, your mom's still
a fault. And that's just not making much sense to
(24:17):
me when the other guy was sighted, and you know,
my mom sustained some pretty serious head injuries because their
airbags didn't deploy. And I'm just kind of wondering, you know,
what kind of what can we do here with this
kind of a situation.
Speaker 2 (24:32):
Okay, a couple of questions, and I'll jump all over
for you. When did this happen back in October? Last October? Okay, well,
last year. We're losing the war against time. Okay, and
we'll be glad to talk to You'll be glad to
meet with you. There's no charge anything. Here's the deal.
This is what lawyers. They never tell you on TV
or otherwise, but this is what lawyers call a fact
(24:54):
driven machine, a fact driven circumstances. So what does that mean?
That means means what are the actual facts? Because the
insurance company are going to say, they use these fancy
words comparative negligence, meaning your mother was a fault, We're
not gonna pay, We're not going to pay. No, But
what are the facts? And sometimes you have to get
if there's injuries involved, you have to get engineers to
(25:15):
back up the facts. You have to get engineers to
accident reconstruct the accident. But there's other ways to do
it as well. And so what does the intersection look like?
Speaker 1 (25:24):
What?
Speaker 2 (25:24):
What does this backing up a trailer? You can't back
up a trailer. So what are the facts? You understand
what I'm saying. The actual facts have to be investigated.
And I'm not just talking about a casual you know,
a cup of coffee conversation. I'm talking about in detail, Brad, you're.
Speaker 1 (25:38):
Taking, well, the guy was backing a trailer rope across
the public road. The cause incident a crash stop it.
Just tell the insurance company we don't want to hear it.
Speaker 6 (25:48):
They need to pay that.
Speaker 1 (25:49):
That's my advocate. Now, now you know, maybe they've got something.
Your mom is speeding or she should have seen it
or whatever. You know that that's where you need to
have an advocate for you that says that you're not
going to by that. Of course, the insurance company's going
to say they don't want to pay. Of course, they
ain't never want to pay anybody.
Speaker 6 (26:05):
That's just the way insurance companies work.
Speaker 2 (26:08):
So I'm going to tell you what we tell our
listeners a lot. Okay, and our Saturday morning show US
seven o'clock on k Howe and otherwise. Sometimes you don't
need a lawyer, and they're kind of surprised when you
say that, but in this case, you need a lawyer
period period.
Speaker 4 (26:25):
Jeff, give him a call tomorrow at the office.
Speaker 2 (26:27):
All right, thank you, very all right, thank you, Jeff.
Speaker 5 (26:30):
I want to get in one more before we have
to take a break here in about two and a
half minutes.
Speaker 4 (26:33):
Andrea, you're on McGary and Brad.
Speaker 3 (26:36):
Hello, Hello, Hi, my.
Speaker 7 (26:39):
Son took a trip down to Cancun, Mexico in December
of twenty three, and I talked to a couple of
people about it and they told me it wasn't worth pursuing,
but I thought I'd just call. He was visibly ill
on the flight and after the flight. I know it's
because a woman took his phone from him, was talking
(27:00):
to him and said he had thrown up a couple
of times.
Speaker 12 (27:03):
He had passed out about.
Speaker 7 (27:04):
Twice before he actually got out of the terminal. He
had no recollection of being sick or what had happened.
And the reason I know that the flight attent knew
he was sick is the next day, when he was
leaving with my husband, the flight attendant ran up to
him and said, are you okay? You were really bad yesterday.
(27:26):
And so I'm just wondering, are they supposed to get
medical attention for somebody who's visibly ill on the aircraft
during flight when he arrived.
Speaker 2 (27:37):
They sure should be doing something.
Speaker 1 (27:38):
It's crucial to inform the flight attendants or make sure
they know and they can provide some assistance based on symptoms.
Speaker 5 (27:45):
Can I speak as a former flight attendant on their one?
Let me just say this, and I'm not trying to
disparage your son, but a flight out of Cancun, a
young man vomiting on that flight is not unusual because
there was probably a lot of alcohol consumed. I'm not again,
I don't know what your son, but that is no
an uncommon situation. Similarly, out of Las Vegas, if we
had medical attention for every purposon who threw up flying
(28:06):
out of Las Vegas on a six am flight, it
would be NonStop ambulances wherever they landed.
Speaker 1 (28:11):
And that's where they have to assess the symptoms and
decide whether or not they think those are something out
of the ordinary or if it's something they see every day,
based on what's going on, who the person is, and
what's been happening.
Speaker 12 (28:21):
Right, it makes it At tells me that he has
a VP shunt in his head, and I am sure
that it was a malfunction because it was an early
morning flight to Philly and then from Philly to Cancun.
This kid does not drink when he's traveling, so he
was just arriving there to meet something.
Speaker 4 (28:39):
Oh, he was arriving in Cancun.
Speaker 7 (28:41):
I apologize, he was riving and he tells me he
has zero memory of getting on the flight in Philadelphia
and zero recollection of actually.
Speaker 12 (28:53):
Nothing between getting off the flight and talking to me
in the hospital in Cancuns and the flight And it
recognized him the next day in the terminal when he
was with his father, who flew down that night at
midnight to bring him home, and said, man, are you okay?
You were really bad?
Speaker 7 (29:11):
And so why didn't think I was on the phone
with the people at the Kansuman Airport, I said, my
son is in there somewhere. He needs attention, Please find him, please,
and nobody can find him. He had managed to get
himself to in a taxi.
Speaker 12 (29:26):
Has no memory of any of this. So when your
son's malfunctions, are you guys familiar with VP shunt brain? Yeah,
And when the pressure goes up, you can get very
sick really quickly, have no memory, be very nauseous, throw up,
and you can even pass out. And these are all
things that happened.
Speaker 4 (29:47):
To him in the terminal.
Speaker 7 (29:50):
And yeah, the flight attendant.
Speaker 12 (29:51):
Recognizing him, you know, is just wondering if I haven't
your recourse with the airline because he was sick on
the aircraft, can.
Speaker 5 (29:59):
We get the answer, I have to let you go
only because I have to take a break. We'll get
the answer on the other side. All right, We will
be right back. For our prior caller who was looking
for some maybe some recourse from an airline because she
felt like the flight attendants were not responsive enough to
her the son who was ill.
Speaker 1 (30:14):
Sure, the first steps I'd take is I would go
get in touch with the doctor who put the shunt
in or was managing the shunt, and sit down with
the doctor, talk about what happened to the sun, talk
about the symptoms the sun had, talk about what might
be his problem is see if the doctor believes that
this is the result of something that the airlines did
wrong or that the flight attendant did wrong. It doesn't
(30:37):
sound like the flight attendant did anything wrong. So the
question is was the cabin properly pressurized?
Speaker 6 (30:43):
Sounds like it was.
Speaker 1 (30:43):
Doesn't sound like there's a lot of complaint there. But
the first step is going to the medical professional and
finding out whether or not the symptoms that her son
had are something that can come from being on that flight.
Speaker 2 (30:57):
Well, and the other thing I saw is, you know, everybody,
you should have person responsibility, and in this situation. The
young man should have personal responsibility. If he or the
mother knows about a condition that reacts to pressure, reacts
to flying, then they should disclose that or not or
not fly. That's not necessarily automatically. The airlines flight a fault,
(31:17):
and I don't really see it. Look, airlines fly people
from point A to point B. They're not emergency rooms.
They're not hospitals, and God bless the flight to gendants.
They do a great job. They've got emergency kits on
board and they do the best they can. But they're
not emergency rooms. So if the patient knows they have
a condition, it should be disclosed. And I have seen
(31:40):
people that are dying of cancer said I'm not going
to tell anybody. I gotta get on this. I got
to go from back home to Cleveland or to New York,
So I'm not going to tell anybody. Well, that's not
the airlines's fault. The other thing I would tell the
mom is you talk to the doctor about the word
causation and what does that mean in legal mumble jumble,
it means did what's the airline do or not do?
(32:01):
Or what happened on the flight? Did it cause anything
that wasn't gonna happen anyway. Did it cause something different?
And remember, they almost have no duty in this situation.
That being said, I know flight attendants that are very professional.
They tell the pilots. Sometimes pilots radio ahead right, they
get instructions, They do the best they can. They're not doctors.
(32:24):
And I just don't I don't see it, but wo,
I wouldn't stop looking for lawyers.
Speaker 5 (32:29):
Ma'am, all right, we are going to talk to Tom.
This is probably our last one. We only have a
few minutes left. Tom, quickly you're on with Bell and Pollock.
Speaker 4 (32:36):
What happened?
Speaker 3 (32:38):
Sure, good gentlemen.
Speaker 9 (32:40):
On January twenty first, I was picking up a passenger
at the height on Fourteenth Place in Denver. A gentleman
happens to.
Speaker 3 (32:49):
Be using a wheelchair.
Speaker 9 (32:52):
When I picked them up. I let him into the
help him get into the backseat, and I was putting
his wheelchair in the back of my hatch. When doing so,
his wheelchair kind of slid out and nailed me hard
in the thumb. I had not yet on the apps
started the fare itself, but I was in the process
(33:12):
of picking up the gentleman. He was assigned to me.
I was able to get him to his destination and
complete the fare that way. Addictive over their response team
a call letting them know I was injured in the
process of transporting the customer. I did speak to Progressive,
(33:34):
who happened to be their accident insure and at that
time also my personal auto insurre, and on both sides
they told me that neither the insurance from the Uber
side was going to cover going to the doctor. I
wound up going to use your urgent care and wound
(33:55):
up getting a bill for three hundred and twenty five
dollars on my own. At that time when I had Progressive,
I did have the Uber ride Share.
Speaker 3 (34:07):
Amend.
Speaker 9 (34:07):
I'm the writer on there in case that something was
to happen, so.
Speaker 5 (34:12):
Real quick, because we're out of time, Tom, I'm just
gonna ask does who does he go after?
Speaker 1 (34:16):
Here?
Speaker 4 (34:17):
Guys, which insurance company?
Speaker 2 (34:20):
Okay, so you make the claim, I don't think they're
going to cover it, be honest with you, unless you
prove there was some defect in the wheelchair. If it
was a normal operating wheelchair, I don't think they're going
to cover it. They have to look for somebody's negligence
or breach of a duty, and if the guy that
owns the wheelchair doesn't have a defective wheelchair, I just
don't think. I don't think they're going.
Speaker 3 (34:39):
To cover it.
Speaker 2 (34:40):
You need to call me. We can talk about a claim. Uber.
Speaker 1 (34:44):
Quite often these instances will send it to mandatory arbitration
and give you a chance at proving your case in arbitration.
It's longer than what we have a chance to talk
to you today about. But call the office to talk
to me and we'll see what we can do to
get you set up to get access to make Can
you queen?
Speaker 4 (35:01):
All right? Guys, Tom, I hope that helps.
Speaker 5 (35:03):
I have five and or more questions on the text line.
I have three people hanging online right now.
Speaker 4 (35:09):
All of these things. This is the kind of stuff
you talk about on both shows. When is your show
on k hell? What time is that?
Speaker 2 (35:13):
It's so seven o'clock every Saturday morning, one hour.
Speaker 4 (35:15):
O'clock one hour.
Speaker 5 (35:17):
You could do a half hour here on on KOA
at ten o'clock, one hour one hour on I'm sorry,
I don't know why I said half an hour. As
I said, this is my driving around doing errands. You
guys keep me company on Saturday morning. You can also
call if you have an issue and you just want
to know. This is what they do in their office too, right,
I mean you can call, you talk to someone, you
have these same kind of conversations and find out if
(35:39):
you actually need an attorney. So that's what they do
all day, every day. Three oh three seven nine five
fifty nine hundred. Thank you very much, guys, thank appreciate it.
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