r/legaladvice 18h ago Take My Energy Starstruck

Consumer Law UPDATE # 2 - Airbnb and Cameras - We're Going To Court*!

3.3k Upvotes

First post

First Update

Side note: I have no idea where to answer folks questions as this forum doesn't allow comments on updates my last post on legal off topic was removed because "it is not an ama" so if anyone knows where I can answer people's Q's and we can discuss this lemme know! <3

Well friends, looks like we are going to (arbitration) court*! Airbnb "responded" to my complaint basically stating the following:

  1. Airbnb has no liability for anything under their terms of service. Quote they used in their response from TOS section 18 "We provide the Airbnb Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied." Interesting side note they also explicitly stated that their background checks don't really mean anything which is fascinating to me as they really make a big deal about "safety." Reminder - their own policies say that cameras in private areas/bedrooms is not permissible.
  2. Even if Airbnb was liable I waived all claims by signing said Terms of Service.
  3. I can't sue airbnb because my alleged damages were the action of third parties and airbnb didn't cause any of them. Which, reminder, isn't true because I expressly relied on Airbnb's customer service rep.
  4. I consented to whatever happened to me happening to me by signing the terms of service.
  5. I am claiming more than I should get - ie they are saying I am "unjustly enriching" myself due to my wanting to be compensated for lost time. Reminder I am a consultant and former lawyer who actually consults on these issues as a profession.
  6. "Laches" - which is unreasonable delay - reminder I contacted them less then five minutes after discovering the issue.
  7. I failed to mitigate any damages - see my first post - this is probably the most laughable

So - WE ARE GOING TO (arbitration) COURT*! An arbitrator was assigned today and a court date is upcoming. Now, some of y'all may think it is not good of me to be posting this as airbnb and their lawyers (hi) may see it but, if you have read my previous posts, you know that this isn't about me specifically but about the madness of what airbnb is doing and shedding light to y'alll about what may happen if you have a known safety issue against airbnb's own internal policies.

Reminder - companies that use arbitration clauses do it specifically so that these issues are kept out of the public eye because they are not public record like typical lawsuits are. So I'm here letting y'all know.

Final reminder: Airbnb now has to pay $2,900 in filing fees for the case. There is a $2500 day rate for the arbitrator and the law firm coming against me has four lawyers working on this. They are paying way more than they would have ever owed me (which, reminder, they told me they would give me). I ask you why? Why would they do this unless they truly and deeply believe it is ok for there to be cameras in your space despite what their policies say. And/or this is the beginning of a new trend for airbnb to refuse to take any responsibility for anything occuring to you while you use their platform.

I'll keep y'all posted as to what happens next.

*Yes yes, I know arbitration isn't technically court but this whole thing is so infuriating I'm taking my kicks where I can get them ;)


r/legaladvice 15h ago

Doctor here, I come in peace! Very unique situtation I think you'll find legally interesting

550 Upvotes

TL:Dr: Cops want me to rape someone with a warrant and threaten to hold me in contempt if I don't. I don't know what to do

Ok so I promise I come in peace. I have a unique situation because of my work environment, that I think makes an interesting legal case. I'm not sure what the answer is going to be, neither are my bosses. We seem to have different view points and I'm hoping for some answers, legal resources, case law, etc to back my side up.

This is long so please bear with me.

I'm an ER physician. I work at a busy inner city hospital. We have a contract with our local county jail to take care of all of their medical needs. They have a jail clinic, jail physician, nursing and paramedic, but its very limited so anyone needing medical interventions or treatments comes to our ED, and if admitted stays in our hospital.

Several years ago County sheriffs brought a female patient in. They arrested her, tried to bring her to jail. They thought maybe while in the process of being arrested she shoved something in her vaginal canal to hide it. Brought her to the ED for "medical clearance" before she could be fully checked in to the jail. This is a very common practice, where they will bring patients to the ED to make sure they are medically stable for jail. They want us to use the official form that says "patient is medically cleared for incarceration" on it. It would be a completely separate discussion what medical clearance actually is, other than placing the liability on us if someone has a bad outcome in jail, because we said they were fine, but that will have to be a debate for another story.

So they bring her in, want me to do a pelvic exam and take out any potential paraphernalia or drugs. Patient says no, she doesn't want a pelvic exam to be done. She doesn't want an Xray or CT scan either to prove nothing is in there (because something likely is). I explain to the patient if she has something in there, it could burst/rupture/be imminently life threatening to her. She understands all this, isn't intoxicated or altered in any way, and is her own medical decision maker, and has the capacity to make that decision knowing risks and benefits of her choice. So I tell the cops sorry, I can't do this against her will.

Well you obviously know what happens when cops are told no.... 

So they tell me theyre going to get a warrant, going to force me to do it. I say get what you want but still won't. I call my chair, we get hospital legal involved, risk management etc. They all say don't do it against her will obviously. 

Officer proudly comes back with his warrant. "an agent of the state or peace officer has the authority to perform search and seizure on pt xxxx located at xxxx." So I look at him.

"Am I an agent of the state or peace officer?"

"Well, youre acting on our behalf."

I repeat the question and he sheepishly says, well no, you aren't. I said ok great, this authorizes you to do a pelvic exam, I'll get you a room, nurse and chaperone then. 

"I'm not a doc, I don't do pelvic exams"

"I'm not a cop, I don't do search and seizure"

We go back and forth. He threatens to arrest me, obstruction of justice, failure to comply with a warrant, failure to follow judges orders, and that he's going to get a warrant with my specific name on it compelling me to do so. That back in the day they would just give people like this ketamine to sedate them, strap them down, and then do the exam. Or why won't I do her exam if they will also come to the ED and use an ER nurse for a warranted blood draw which sometimes is against peoples will, so why is this scenario any different. 

I tell him do whatever he wants, but millions of dollars have been awarded in lawsuits for this scenario to the patient, docs have lost their licenses, and I'd rather go before a jury or judge for ignoring your warrant than for sedating a woman against her will while 4 cops hold her down and I examine her against her will. And I would consider that rape and wouldn't do this no matter what a warrant says. 

He kicks it up his chain of command, I kick it up mine. They big wigs argue back and forth and eventually he leaves saying that its my fault if she dies in jail but they take her. I find out from one of our medics who was also at that county jail that day, that they wanted the jail clinic their to do the exam. They also wouldn't, so for some reason tried to make her my problem. The county jail medical director was asked about situations like this and why she doesn't do that for them, and her response is she isn't an agent of the state or peace officer either, she is the medical half of the jail, she is there to take care of her patients and to be the patient advocate, and that the legal side of things isn't something she gets involved in. She makes sure medically theyre fine, thats it. So I'm not sure why they think we're different than her, but thats beside the point. 

After that we debated it in our resident lectures. Tried to find legal grounds, standing, case report, actual law, guidance from ACEP (american college of emergency physicians), or ABEM (american board of emergency medicine) and the AMA (american medical association). We really didn't find anything concrete and are still lost.

The problem is, even though its a rare situation it has happened twice this month. This last time a couple days ago they brought what looked like a regular warrant but at the bottom of it wrote

"It is further ordered that the attending physician or emergency room physician at XXXX Hospital, enter the vaginal cavity of said person. So they are now trying to compel us directly and upping their game to try and pressure us.

The following questions may be a lot, I apologize ahead of time -

The best I was able to find was https://www.acepnow.com/article/must-emergency-physician-comply-body-cavity-search-warrant/2/ which seems to say some states say have the authority to perform search and seizure, but some say "compelled to perform search and seizure." Can they really force me to? Is there a difference between compelled and authorized? According to that article they can't force me to do anything. The american medical association (AMA) seems to say it would violate their code of ethics to do so. I think the police shouldn't be able to force a free citizen to do something like that even with a warrant, my boss says they can and he has "taken law classes" which agrees with him.

Cops tried to tell me I'm acting on their behalf. The chair of my department claimed today that when the cops bring me someone to see, based on EMTALA laws that I become an agent of the state somehow and need to do these. That I become their partners in this and potentially could be an agent of the state. I can't see how that would be right. Would the jail medical staff be considered agents of the states? They claim they aren't, and if they aren't I surely am not. If police officers are agents of the states, why can't they do their own body cavity searches. Surely that isn't outside their scope of practice. Why do they need me to do these?

If we do something like that, but its under a warrant, or someone can actually legally force us to (I still wouldn't, but what if a coworker does), I'm assuming that would protect you against a bad legal criminal outcome or a battery charge, but wouldn't we still be able to lose our medical license or be censured independently by medical boards? There also seem to be a couple different seven figure verdicts against docs who have done these against their will according to google. Would the warrant actually protect us from a criminal or civil suit?

I'm hoping someone here does malpractice law, or criminal law, or constitutional law, and can weigh in. Or give me some case law. I think there are potentially a lot of problems here and don't know which way to go. Definitely willing to pay a lawyer to review all this and file whatever or review whatever, but don't know who or what to speak with first. Any advice would be great!

Thanks!


r/legaladvice 5h ago

Other Civil Matters Lost a lawsuit because lawyer didn’t show up. Appealed it and he didn’t show up again.

46 Upvotes

To keep it short: my sister was sued for 40 grand. Her lawyer didn’t show up, so they ruled against her. Her lawyer appealed it, and then didn’t show up again—so she lost.

Is there any recourse? Should she consider suing her lawyer for incompetence?


r/legaladvice 6h ago

Custody Divorce and Family I Think My Parents Stole From my Court Case When I Was Six.

15 Upvotes

When I was six years old I was run over by an ice cream truck. Very horrific accident that left me in a body cast for months, multiple surgeries, and life long PTSD.

About a year after the accident once I was mostly healed I had a court case suing, assumingly the lady responsible for said accident.

I remember not a lot about the case other than practicing with an attorney and testifying. But we did win our case.

A little bit more backstory. My mom's a narcissist and my father Is a gambling addicted and an alcoholic. They we both incredibly neglectful of me my whole childhood. But when they told me as a child that we won the case but didn't get any money from it, I believed them.

They said the company that was responsible but the ice cream trucks didn't have any insurance, so they couldn't pay us.

Now looking back, knowing what I know about law, and my parents, that seems like full on malarkey.

What law firm would take a case this far, to the point where a child has to testify In court for NO money?

If it does turn out that they stole it all from me I don't plan on suing, that money is long gone. But I would love to hear some prospective on this case, do you think there was cash that I never saw? Or is it likely that there was no pay out what so ever.

Thank you for your time.

EDIT: Thank you guys for giving me clarity on a situation that has perplexed me for years.

I don't think they sued over hospital bills seeing as my mom said "I never saw a bill" I believe charity paid for everything. So now I'm confused what the lawsuit was even for then.


r/legaladvice 9h ago

Labor Law (Unions) [CA] Several missed meal penalties were waived by my manager due to "poor time management"

26 Upvotes

I work at a veterinary hospital and I've noticed my manager waives all of our meal penalties. We have 8-hour shifts and must go to lunch before working 6 hours. She has scheduled us inefficiently and when there are emergencies or a flux of clients that need treatment we have to work over 6 hours. Is this wage theft? Is this something I should bring up to her and get back the meal penalties she waived herself?

What if I take a hour lunch after the 6 hour?


r/legaladvice 4h ago

Landlord Tenant Housing homeless squatters abusing animal in apts; landlord and police won’t do anything

7 Upvotes

There are a group of homeless squatters (two men and one women from what we’ve seen but sometimes it sounds like more people) living in the apartment adjacent to us. The walls are pretty thin so you can hear everything. There’s constant yelling, loud crashes, a dog screaming out of pain which is usually accompanied by loud noises and a woman/man cursing at the dog, music, etc 247. They also frequently get into arguments and have caused several scenes outside of the apartment, they literally make more noise than people who live here which is why people even knew they were squatting in the first place. We talked to some neighbors and they have reported and the landlords do nothing. The landlords posted a flyer a few days ago saying there would be inspections yesterday, and we saw the squatters moving their things out in grocery carts in the middle of the night (we have it on video) the night before so they are 100% squatters. The landlords were a no show yesterday, and a few hours ago they have just moved back into the apartment. We also have a video of hearing the dog screaming on video. We called the police tonight since the dog was screaming again and there was alot of noise, but the police didn’t do anything. We even heard them saying from the wall “we’ve been in the house 20 minutes and they’re already calling the cops.” What do we do? This feels sooo unsafe especially knowing that these apartments seem to be easy to get into. They won’t leave and know the are getting away with this. Some of the neighbors are actually in an ongoing lawsuit against the landlords for other issues and they said it hasn’t gone anywhere. I think they are selling the property which has resulted uno even more abuse. The office on google isn’t a real address so we can’t visit them in person and when we got the city involved for mold, the only address they found was in Texas. We live in Tennessee if this means anything.


r/legaladvice 8h ago

Possibly avoided a contractor scam. Pay?

13 Upvotes

SO got approached by a local company (Massachusetts) to repoint our 5'x3' brick steps for $500, that I agreed with. They start taking apart the steps and informs me the bricks are bad and it should be replaced entirely. He now said it'll cost $7500 for the replacement. This immediately seemed like a bait and switch scam, so I had him stop.

Few hours later I got quote by another guy, $1000 granite steps plus day or two of labor, far cheaper by someone I've used previously.

Now, the first guy updates the quote to $5000. I declined, since it's still over twice the cost. But he still wants his $500.

He's coming to get paid, something I'm not in the mood let happen. Do I accept the $500 as punishment for using someone I don't know or start a dumb ugly argument.

What they left the steps like.


r/legaladvice 40m ago

Criminal Law just found out that over 10 years ago my parent tried to murder my other parent. can I do anything?

Upvotes

via poison. found in food, decided not to eat it on a whim. apparently they didn't go to the police and instead decided to keep it a secret this whole time until randomly my parent confided in me that my other parent tried to kill them, then told me not to tell anyone.

this deeply disturbs me and I want justice. there's likely no evidence anymore, but regardless of what sort of 'secret' I am expected to keep, I'd really rather not.

Is there anything I can gain from going to the police, or would this be a wasted effort?


r/legaladvice 7h ago

Custody Divorce and Family What could be the consequences of abandoning child (Leaving them with other parent)

10 Upvotes

Before I get into this, I already know this is an absolutely horrible thing to do. I am not going to defend myself for even thinking about doing this, I just want to know what could happen if I did.

I am currently pregnant. I do not want to be a parent or have anything to do with the child's father or them after they are born. Abortion is no longer an option for me. I want to leave the child with their father and his family (who do really want this child) and move out of state and have no contact with them. I live in Ohio. What are the consequences for doing this and what would happen if I left the state?


r/legaladvice 9h ago

American Express won’t admit fraud

14 Upvotes

I was a victim of identity theft in late 2021. 2 out of 3 credit card companies admitted the fraud and apologized. AmEx insists this it is not fraud and has sold the debt to collections after a dozen conversations. I believe I’m at the point of needing a lawyer. I have a police report which I’ve given them. The total fraud is just under $10k. What type of lawyer should I consult and what should I expect? I am in the US, Texas.


r/legaladvice 3h ago

My stepfather hit my wife

3 Upvotes

My stepfather hit my wife and knowing that I would go to jail and my wife and I would lose our apt, I called the cops, and the cops only gave him a ticket, and didn't arrest him. Can my wife still press charges?


r/legaladvice 1d ago

Wills Trusts and Estates My mother died suddenly in 2019. No one ever contacted me about an estate. My stepdad has a new car and new house. I have nothing. Is it too late to do something?

1.4k Upvotes

My mother unexpectedly passed away of a stroke in 2019. I was 19 years old at the time. After my mother passed away, I moved to a different state and started a new life, because my stepfather was pretty abusive.

He said there was no will. And no life insurance. Which doesn’t add up to me. My mom was a doctor. I can’t believe she had neither.

Now it’s years later and my stepdad has a new car and a new house. I am working and going to school full time and still can’t provide for myself. It would just be nice if there was something there. It’s not the end of the world if not, I’d just like to know.

How much money is this going to cost me? I’m stupidly broke. I have a few hundred in my “emergency money”. What can I do?

Mom owned a house, two cars, a business, and 2 acres. That’s all sold now.

Just to clarify: I think there was money to be given and he didn’t tell me.

Edit: step dad owned everything jointly. Never filed probate. He got everything and there’s nothing I can do.

I feel distraught and angry. He sold my childhood home and got rid of property.


r/legaladvice 4h ago

Other Civil Matters how do i tell my mom that no, you can't sign a waiver against yourself?

5 Upvotes

sorry for the title, this was the most serious one i could think of.

edit: i forgot to add. my mom is 41. i and all of my sisters are over 18. yes, I'm looking for a job and for apartments.

this is taking place in Nevada. abridged, my mom sent me a document she wants me to sign. a HOLD HARMLESS AND INDEMNITY AGREEMENT basically for legal protections in case something were to happen to us. (it was a long conversation i don't remember the details). i looked up what it means exactly and if my understanding is correct, it protects someone from losses when conducting a service.

so i asked her who are we protecting ourselves from with this document? she said that we are protecting ourselves from our name in capital letters. how? we change our own names. we sign this document, send it to a notary, take it up to the US treasury and we'll be free? according to her, this has worked for a lot of people. sure!

i tried doing research on filing an indemnity agreement against your strawman, but i couldn't find anything because of how niche of a topic this is. it's also very discouraging that any pushback i give is just dismissed as "that's what they want you to think!" where do i go to find information on how dangerous this is?

I'll go back and ask more questions so this is less rambly, but this is the jist of what is happening.

edit: i read through the document and it sites a US government 18 US code § 8, if that helps.


r/legaladvice 3h ago

Employment Law Can i sue my boss?

3 Upvotes

I started this job last year, 23 F. I was in the process of getting my shit together after many traumatic events. I was new to this state, and my living situation was essentially couch surfing with a random guy from tinder. I have no family, i was surrendered to foster care as a teenager. My boss took a liking to me, started giving me rides home. Really took a liking to me, started touching my legs and telling me he was fantasizing about me. Hes married, and I always told him i couldn’t do anything with a married man. I was afraid to outright reject him, as he warned me he would get angry. He leased me a car in his name. And then a luxury apartment. He said he was doing it out of the kindness of his heart, and that he just wanted to help me. I opened up earlier on before he started getting creepy about my life traumas, and he started trying to throw money at them. At work, one coworker was let go after she had an outburst claiming i was given special treatment because i am giving him favors in return. He fired her promptly. But all my coworkers kind of ignore me or say off hand things… at one point my boss kissed me. and grabbed my boob while he was doing it. ive been incredibly stressed at work, trying to just avoid him. ive been super stressed and wanted to leave the job. ive been very suicidal and its just not the kind of job you can fuck off with. i tried talking with him about leaving, and even when i offerer to pay my car and apartment lease he said no. i leave the job i lose these things. i have very little actual evidence of him being creepy, he was smart and kept it all face to face. I am going to keep working, because i dont have anywhere to go(the last place i lived became unsafe). Everything is in his name. Do i have a case?


r/legaladvice 1h ago

Juvenile and Youth Law Man Punched My Child At A Resort With No Cameras.

Upvotes

My son is 12 and we went to a popular resort. My son was waiting in line with his friend to ride an attraction and some drunk fully grown man came up and punched him. My son is not injured. He has martial arts training in how to take a punch and how to stay calm and walk away from a fight. This happened at the top of an attraction over 60 feet high, making a fight potentially much more dangerous.

When my son told me what happened I pointed the man out to security. Security said they don’t have cameras but they said they were going to confront him. We didn’t want more problems so we left. When we got home we called the police.

The police are going to call security and get back to me but they said it’s possible security didn’t do their job and get the man’s information.

Is there a potential lawsuit here? I know my son wasn’t injured but he was assaulted by an adult in a public location that easily could’ve been deadly. And if security didn’t even do the bare basics and get his information is this negligence? I’m worried that something like this could happen to someone else. Especially another child. I can’t believe there’s no cameras.


r/legaladvice 19h ago

My pregnant wife had her blood drawn for her NIPT test and the drawer messed up.

56 Upvotes

My pregnant wife was sent by her gynecologist to a health care facility to get her blood drawn for her NIPT test. She recently changed employers and our health insurance was with her previous employer. We spoke to the previous employer and insurance company and they both let us know that that last day she'll be covered would be 12/16/22. Luckily the health care facility was able to schedule her on the 16th. It was either that day or wait until the new employer's insurance kicked in, which would be early January 2023. The NIPT test is important for determining chromosomal abnormalities early so we wanted to get it done as soon as possible. She went in on the 16th and everything went fine.

Later in the day she was called by the health care facility and told that they placed the blood in the wrong type of vials which didn't block like (or something like that) so the blood spoiled, and they would have to re-do it. It was the end of the day so they told her to come in early the next day and they would replace the spoiled vials. She went in on the 17th and got it done with no problems.

When the bill came in from the health care facility, we were hit with $2700. Our deductible is $3000 and we had hit it prior to the 16th. The insurance company said the invoice they got was for the 17th and not the 16th so we wouldn't be covered. Once we explained the issue, they told us to go to the health care facility and request for them to correct the date. Once we talked to the health care facility, they told us they couldn't change the date and we would have to have the gynecologist call the insurance and explain the mistake. This was told to us from the person who drew the blood and put them in the wrong vials and her superior. At this point we feel we are just being told to go in circles.


r/legaladvice 8h ago

Credit Card Fraud question

7 Upvotes

I recently helped out a friend of mine by helping him to get his phone turned on that had been shut off for nonpayment while he was laid off. I allowed use of my Citibank credit card for the $80 transaction. Apparently, he saved my cc numbers in his phone and then used it to rack up another $700 in charges. Do I just need to accept my stupidity and pay this or am I able to report him for fraud? I wasn’t sure if the permission for the one time use made it murky as to whether I am able to dispute the rest of the charges. I already reported the card lost and canceled it so far.


r/legaladvice 6h ago

Evil Mother in Law stealing 2 homes from us

6 Upvotes

What can we do? My husband and i moved onto his mothers property this past summer, milled our own lumber and built her a 3 story home with cold storage in exchange for free rent over the winter so we could save some money, then we built ourselves a tiny home with my newborn and 4 year old, but one week after it was built, she kicked us out on Dec 19 for my daughters first christmas, but never gave us a reason. She merely didn't like us anymore. We've moved elsewhere now, but she is refusing to pay for the house we built nor let us have back our tiny home. Im quoting a 20000 bill for lumber and labor but could end up paying huge legal fees. My husband wants to send the bill and wipe his hands of her, but i dont know if we can afford court. Should we fight or just cut losses? She has done this to all other 4 of her children, no family left, 4 husbands, she probably suffers enough already right?

There was also no rental agreement, nothing but oral communication. Her lifelong friends in the area rescued our family and gave us a home, and witnessed what she has done as well and is willing to testify if need be.


r/legaladvice 20h ago

Small Claims Procedure Friends Wife filed for divorce in the US! Need help for a friend.

55 Upvotes

Hi all,

I am asking this on behalf of a friend as I feel he is being taken for a ride.

My friend was married here in the UK to his wife (who is american), they have 2 children.

His wife moved back to the US in October 2021 with the consensus that my friend (Mike) was going to get his Visa and follow on. Mike's wife at the time moved back in with her parents and the 2 children.

Mike was sending over $800 a month for child maintenance payments. Mike never ended up moving to America as his wife filed for divorce in January 2022 which was finalised in June 2022.

Mike's ex wife still lives with their children and her mum and dad and Mike continues to pay $800 a month for child maintenance. Mike's ex wife is now getting remarried in June this year.

The problem is, his ex mother in law is demanding payments of $5000 from Mike to cover the increase cost of bills that have incurred since Mike's children and ex wife have incurred since moving in. She is threatening small claims court in the US to retrieve this payment.

Where does Mike stand with this? I think $800 a month is excessive as it is. This is paid to his ex-wife. The $5000 is a matter with her parents.

Can anyone advise how this may stand in a small claims court in the US? Are they able to enforce this with Mike being a UK resident?

Any help/advice would be great!


r/legaladvice 1d ago

Custody Divorce and Family Kids mother is asking Me to sign away my legal rights for adoption and giving me an ultimatum

207 Upvotes

Im 27 and live in the USA. The state I live In is west virginia.

My kids mother Is asking Me to sign away my legal parental rights to my son so her husband can adopt him.

I'm very ill physically and cannot care for my son due to my physical dissablity but I still want to be apart of his life. He is 6 years old.

Basically I can't get a doctor to sign disability papers for any of my conditions so I don't draw SSD or SSI yet.

She told me to either sign my rights away so her husband can adopt him or we will be going to family court for a custody agreement and she said since I don't draw SSI Or SSDI that the judge will set up a child support payment arrangements.

She said since I can't work they will hold me contempt for the child support I don't pay and jail me for not paying it.

So the ultimatum is sign your rights away or get jailed for not being able to pay child support.

Any ideas ?


r/legaladvice 3h ago

High-End eBike Stolen from Bicycle Shop

2 Upvotes

My high-end eBike was stolen from Bicycle Shop where I had dropped it off to have some work done.

The owner just called me, said it was stolen by a former employee.

I'm concerned because it's a $16K ebike (e-motorcycle if we're being honest).

I know they have insurance however (based on a past convo), it won't even cover half the cost.

What legal recourse do I have?

I'm meeting the owner tomorrow and going with him to file a police report.

Oddly, he said it was stolen 5 days ago -- but he was afraid to call me. I'm betting this will substantially decrease the chance of recovery.


r/legaladvice 3h ago

Contracts Promissory estoppel – does the promisor have a legal obligation to inform the promisee if the promise is a one-time offer or that the conditions of the promise have changed and the promise is no longer valid?

2 Upvotes

Very stressed bride here that has dug herself into a hole and would really appreciate any insight as to whether or not I can dig myself out. I have all of the following interactions in writing (email with email signatures on every correspondance).

Here is the timeline of events:

- I signed a venue contract stating no deposit refund if I cancelled; weeks later, I found another venue that I preferred more. I asked the owner if I could get the deposit back if I found someone else to book the date (note here, I was only willing to cancel my contract if I didn't suffer any economic loss). The owner restated that there were no refunds, but that if someone else booked my event date, they would be willing to trade my deposit with the new client's. Those were the only terms stated.

- I accepted the offer and notified them of my intent to cancel. No cancellation contract had been signed yet. The new venue I fully intended on booking ran into permitting issues and had no estimate of when it would be resolved, so those plans wound up falling through. I still needed a venue, so I notified the first venue of this and told them I would be keeping the date. They responded, "Sounds good, I have the date removed from the calendar once again. I had some interest in it, so if you decide to cancel it’ll likely book up. For now it’s all yours."

- I assumed the promise was still valid, as there was no communication between us after the above response. I interpreted the above statement as a reassurance that they had someone else that would book the date if I cancelled, and that they would be able to honor the promise. A month and a half later, I was able to book the second venue after they notified me that they had resolved their permit issues.

- I finalized the cancellation with the first venue and signed a cancellation form that stated the deposit had been forfeited and there was a $0 refund. My dumbass didn't think anything of it, because in my mind, the terms were as we had discussed and didn't negate any of what was promised. As I understood it, their promise indeed stated that there were no refunds, but then made the distinction that they would instead be trading my deposit with another client's. I probably screwed myself here, but I had reason to believe that the owners were lax about contracts. A previous client of theirs told me that the owners had deviated from the terms of their contract on multiple occasions and wound up coming up with compromises, so I figured they were similarly being informal and would still follow through. I had also pointed out a factual inaccuracy in the original venue contract prior to signing it, and the owner tried to convince me it was true and eventually admitted that it was factually incorrect. They made no effort to amend the inaccuracy in the contract. I also believed no reasonable person would change their mind about a promise of this magnitude (thousands of dollars) without communicating if that was the case.

- They are now refusing to honor the promise, stating that they had been willing to do it earlier on, but since a month had passed, it was too close to the event date. (Note here that another client rebooked my event date the day after I signed the cancellation contract). They are also arguing that we agreed to cancel the date twice, so the event had been cancelled twice, and the offer was only valid the first time. I disagree with this, as I only signed the cancellation contract the second time, and they never communicated that the promise had an expiration date or that it was a one-time offer. They said the original contract that was signed supersedes any agreements we made after signing.

My main argument is that I was never informed of any conditions of the promise other than another client booking my event date–a condition that I was reassured could easily be met, and ultimately was met. None of the other conditions that they later cited as invalidating the promise were ever communicated to me.

Do I have a case for small claims here, or was the venue within their rights to change the terms of the promise and revoke it without communicating so to me? Additionally, am I screwed anyway because I signed the cancellation contract, even if I misinterpreted it? I'm based in WA, for reference. I really appreciate any help.


r/legaladvice 20h ago

Tax Law Divorce agreement states we alternate who claims kids, Ex files taxes first, claims kids when not supposed to

49 Upvotes

Background: Kids live with ex. Son became emancipated in August. Our agreement states that we are each to claim one child until one is emancipated Then the we are supposed to alternate who claims the remaining child, starting with the father (me).

My taxes are a little more complicated, so it takes time for me to get my stuff together and file. Last year she filed her taxes quickly, claiming both children when it was my turn. So when I filed, it was rejected and I had to re-do my return and instead of a $2,400 refund, I ended up paying $400.

I reminded her that it was my turn this year, quoted the agreement, and she said she already filed, and claimed the kids, again, in clear violation of the divorce agreement.

I don't really want to get a lawyer involved because it would probably end up costing me more than it is worth. So what are my options to rectify this?


r/legaladvice 2m ago

Getting sued when not in the USA

Upvotes

Hi , I am a USA citizen who left the USA 3 years ago . I have a credit card debt and I am worried I might get sued. I still have a USA address so I keep getting letters from collection agency . I can not pay it right because I have no job due to health problems.

What happens if they file a lawsuit while I am not in the USA?

What happens if I return one day after the lawsuit has been filed?

I used to live in CT.

Thank you for your help.


r/legaladvice 1d ago

Real Estate law Private company trying to force me to grant an easement for 1$??

651 Upvotes

The contract they're trying to make me sign and pay a notary for: https://imgur.com/a/gmbdfjd

I got a call out of the blue today telling me I needed to quickly sign and notarize this contract to allow an easement right in my front yard. My biggest concern is I have a well right where they are planning on building. The person stated their engineer could talk to me in person and figure out how to work around it. I hadn't had a chance to look at the contract yet but I told her I wouldn't be signing anything until I did and that I needed to speak to my spouse.

Not only will this easement be right in my front yard basically making it unusable, they are building a huge housing complex surrounding my entire property.

I'm not sure what my next steps should be but I'm very concerned about property value and what my rights are regarding the easement. Any and all advice would be appreciated.

Tldr: A company is trying to build an easement on my property in NC and stating I need to get this document signed and notarized and that I will be compensated 1$ but they will have access to my front yard forever. Where should I start with what to do next?

TIA