Speaker 1: You're listening to Bill Handle on demand from KFI AM
Speaker 1: six forty.
Speaker 2: Kf I AM six forty Bill Handle. Here it is
Speaker 2: a Saturday morning, as we finish our last hour of
Speaker 2: the program, and then at the end of the hour,
Speaker 2: when I say goodbye, I'm still going to be around
Speaker 2: off the air, and I'll be taking some phone calls
Speaker 2: now top of the hour, which means that we always
Speaker 2: have lines open and it's the best time to call,
Speaker 2: and we do. And so the number is eight hundred
Speaker 2: five two zero one five three four, eight hundred five
Speaker 2: two zero one five three four, and you will get
Speaker 2: right in to a little sparse and the phone number
Speaker 2: is interesting. Some days we're jammed, and then some days
Speaker 2: it gets to be a little sparse. This is why
Speaker 2: when I do my morning show, I don't take phone calls,
Speaker 2: because well, because I have to rely on you. And
Speaker 2: as you know, well, if you've been listening to this
Speaker 2: show for any length of time, you know I think
Speaker 2: you're all a bunch of flakes. Not true. Most of
Speaker 2: the time I'm more of a flake than you are.
Speaker 2: It doesn't matter because I'm allowed to call you flakes
Speaker 2: and I'm behind the mic and you're not so it
Speaker 2: all works out the number eight hundred five two zero
Speaker 2: one five three four. That's eight hundred five to two
Speaker 2: zero one five three four. This is handle on the
Speaker 2: law marginal legal advice where I tell you you have
Speaker 2: absolutely no case. I don't know if you are a
Speaker 2: TikTok fan. TikTok is a rather interesting platform. And one
Speaker 2: of the things about TikTok, and this literally from the beginning,
Speaker 2: is the TikTok challenges. And they ranged all the way
Speaker 2: from just stupid and ridiculous but not particularly dangerous. I
Speaker 2: remember one of the first was the TikTok Cinnamon challenge,
Speaker 2: where you were supposed to take a spoonful of a big,
Speaker 2: big spoonful or a cup or whatever cinnamon and throw
Speaker 2: it in your mouth and then try to spit because
Speaker 2: what cinnamon does is instantly suck out every bit of moisture.
Speaker 2: And it was very funny to see and the coughing
Speaker 2: that went on, I mean, as disgusting as it is.
Speaker 2: You know, you didn't kill anybody.
Speaker 3: Then.
Speaker 2: Over the years, TikTok has put up challenges that are
Speaker 2: pretty dangerous, jumping off cars, for example, moving cars, and
Speaker 2: there is one that happened that's called the choking challenge.
Speaker 2: Now this killed people. This challenge killed people kids, particularly
Speaker 2: six families are singing TikTok saying that the algorithm of
Speaker 2: TikTok has a defect. One it's addictive, two it targets miners,
Speaker 2: and three it has disturbing and troubling content, in this case,
Speaker 2: a challenge to choke yourself or choke someone else. So
Speaker 2: they sued. Five British families sued in US court and
Speaker 2: then a judge I had to hear a motion to
Speaker 2: dismiss the civil case because what ended up happening is
Speaker 2: TikTok immediately filed the motion to dismiss the case. And
Speaker 2: this case is centered on these six families. The kids
Speaker 2: will age eighteen, eleven to seventeen. They allegedly took part
Speaker 2: in a choking challenge after seeing videos of this on TikTok,
Speaker 2: and all of them died. And so Matthew Bergman, an
Speaker 2: attorney represents the family, says, TikTok has a four U
Speaker 2: page that deluges young people, young people, young kids with
Speaker 2: dangerous material. In this case, it was the dangerous choking
Speaker 2: challenges and this is not material that kids want to see.
Speaker 2: But sometimes they can't turn away from it, which there's
Speaker 2: an argument there. And the lawyers didn't even want to
Speaker 2: litigate the case the self, the underlying case. They said,
Speaker 2: this shouldn't even be brought to trial. It has to
Speaker 2: be dismissed under the First Amendment. They have the right
Speaker 2: to publish anything. And they're not advocating people choking. They're
Speaker 2: just showing the videos of kids choking each other or
Speaker 2: choking themselves. And there's also a law in place called
Speaker 2: the Communications Decency Act, which bars Internet companies from liability
Speaker 2: for content by third parties. In other words, it's not
Speaker 2: TikTok that created this challenge, it was someone else and
Speaker 2: they're just putting it up. And much like Amazon Amazon,
Speaker 2: you buy a product from a third party, not from
Speaker 2: Amazon directly, which the majority of goods that are sold
Speaker 2: through Amazon, and the product is defective, it's not Amazon's fault.
Speaker 2: You have a relationship directly with that third party. And
Speaker 2: in this case, which is far more serious, TikTok says,
Speaker 2: we didn't do that, we just put it up. And
Speaker 2: so the Communications Decency Act bars companies from being sued.
Speaker 2: Now the critics are arguing this is way outdated, this law,
Speaker 2: and attorneys for TikTok also said this shouldn't even be
Speaker 2: litigated in the United States because five of those family
Speaker 2: members are British, and should this case should be brought
Speaker 2: in the United Kingdom. One was an American company, so
Speaker 2: they're not arguing that. So we'll see what happens with
Speaker 2: that one. This is all new Internet stuff and we
Speaker 2: just haven't kept up with it. One of the things
Speaker 2: about the Internet and Internet law, and there's something that
Speaker 2: I discovered from the days when I was practicing law
Speaker 2: and my specialty was third party reproductive law, surrogate parenting,
Speaker 2: egg donation, egg banking, that business that's technology that involved
Speaker 2: all that IVF, egg freezing, that involves science, medical science.
Speaker 2: Science is always a head of the laws. The law
Speaker 2: catches up to science. So here we are with various
Speaker 2: app aspects of the Internet First Amendment issues, what has
Speaker 2: allowed liability issues in this case, the law isn't there yet,
Speaker 2: so there's always a lag. And when now you're dealing
Speaker 2: with AI where the law hasn't even begun to catch
Speaker 2: up with AI. So we'll see what happens in the future.
Speaker 2: I'll tell you where the law though, is well in place.
Speaker 2: And that's personal injury law. Personal injury law has been
Speaker 2: around for a long time and it's well established. And
Speaker 2: so here's what ends up happening. If you get in
Speaker 2: a car accident or a slip and fall and it's
Speaker 2: not your fault and you're injured, well you look for
Speaker 2: a lawyer. I mean, you theoretically can do it on
Speaker 2: your own, but if you've been banged up, pretty good
Speaker 2: guarantee you that the other sides insurance company doesn't call
Speaker 2: you and start talking to you about settlement and you
Speaker 2: are crazy to talk to these people because they are
Speaker 2: experts at not paying you. So this is where a
Speaker 2: personal injury lawyer comes into play. And where do you
Speaker 2: get a personal injury lawyer? Well, if you don't know,
Speaker 2: you don't know who to trust. You can always listen
Speaker 2: to commercials or see those lawyers on billboards and some
Speaker 2: of them are very good. But again, who do you know.
Speaker 2: This is why I created handle on the Law dot Com.
Speaker 2: Handle on the Law dot Com is about lawyers who
Speaker 2: specialize in personal injury representing you when you've been injured
Speaker 2: and they've been vetted. And on top of that, if
Speaker 2: there's a problem, I make the phone call what's going on.
Speaker 2: We have an unhappy camper here, and I've made that
Speaker 2: call a few times over the years. So if you've
Speaker 2: been injured, it's not your fault, and it's a slip
Speaker 2: and fall or a car accident, you're rear ended, you've
Speaker 2: been t boned, you go to a big box store
Speaker 2: and a big box falls on your head, call the
Speaker 2: folks at or contact handle on the Law, Handle on
Speaker 2: the law dot com. This is Handle on the Law
Speaker 2: K five AM six forty. Like you just heard handle here.
Speaker 2: It's the last hour of our program until eleven o'clock
Speaker 2: when Leo, excuse me, when Rich to Murrow. I can't
Speaker 2: believe I'm going back that long, Leo Laporte. We had
Speaker 2: the show one hundred and fifty years ago when rich
Speaker 2: Tomurrow comes on at eleven o'clock, right up until the
Speaker 2: tech guy, and then from two to five it's a
Speaker 2: Neil Savedra with FOURK report. And our phone number here
Speaker 2: is eight hundred five two zero one five three four.
Speaker 2: Eight hundred five two zero one five three four, and
Speaker 2: we do have some lines open. Today's a little bit,
Speaker 2: a little bit sparse, sometimes jammed, sometimes not. This is
Speaker 2: one of the things about as much fun as I
Speaker 2: have in screaming at you. And the ability that you
Speaker 2: have in producing questions that are just spectacular in some
Speaker 2: cases is where you shake your head, you go, no,
Speaker 2: that is impossible. No one can live with that IQ
Speaker 2: and walk around not having someone shadow them. No, people do.
Speaker 2: People do. And I get these questions and they're lovely
Speaker 2: because they're lovely and absolutely delicious. So the number here
Speaker 2: eight hundred five two zero one five three four. And
Speaker 2: then when you have a good case, I tell you, hey,
Speaker 2: you got a good case, you need a lawyer or
Speaker 2: you could do it on your own. You don't need
Speaker 2: a lawyer, which a lot of people like to hear,
Speaker 2: because automatically some people say, oh I need a lawyer. No, no,
Speaker 2: sometimes not and or I don't need a lawyer, and
Speaker 2: you do, and that's when it gets and that's when
Speaker 2: you're not making some good decisions. Eight hundred five two
Speaker 2: zero one five three four And welcome back. Handle on
Speaker 2: the law marginal legal advice. All right, Neil, you're up.
Speaker 2: Let's start with you. Welcome to the show.
Speaker 4: All right, thank you, Thanks for I wanted to ask
Speaker 4: how you're doing, but I know that's a mistake.
Speaker 2: Yes, But.
Speaker 4: Anyway, I just got out of the hospital. About about
Speaker 4: three months ago. I had my second stint put in
Speaker 4: and it failed because I was taking off bloodbinners and
Speaker 4: so I basically I had a little heart attack on Wednesday,
Speaker 4: and I went in and and they redid it. But
Speaker 4: you know, I know you always ask, you know, what
Speaker 4: were the damages to me for having this happen? But
Speaker 4: uh so, but you know, two stories. I was like,
Speaker 4: I'm a Kaiser patient. I went to the emergency room
Speaker 4: there and they quickly rushed me over to Providence because
Speaker 4: this was an active thing that they couldn't handle right away.
Speaker 4: And so yeah, they went. So they went in and
Speaker 4: replaced the stint in and so coming off the blood
Speaker 4: there is I had this nose believe that they couldn't stop.
Speaker 4: So I'd gone into the hospital a week before.
Speaker 2: Okay, okay, hang on a minute. You they took you
Speaker 2: off your blood fitter, yet you had a nosebleed that
Speaker 2: you couldn't stop, which I'm assuming is a result of
Speaker 2: blood thinner or maybe the two were not connected.
Speaker 5: Correct, Yeah, okay, correct, Yeah, yeah, So I had a
Speaker 5: head cold and I was blowing my nose until that
Speaker 5: started was pretty severe, and so you know, they gave
Speaker 5: me a rhino rocket.
Speaker 4: I don't know if you know what that is.
Speaker 2: No idea tampon.
Speaker 4: It's like a tampon with the.
Speaker 2: Balloon, regular tampon string hanging out. Stay.
Speaker 4: Yeah. Yeah, well that's what I was dealing with for
Speaker 4: about five days. Okay, So I went to the E
Speaker 4: and T doctor, you know, after I had that thing installed,
Speaker 4: and I thought I was going to get it removed
Speaker 4: and nego going in there and chunterize it because I know,
Speaker 4: so once you're you have a stint put in, it's
Speaker 4: really important that you do not come off blood thinners
Speaker 4: for a year, right, Yes, And I was taking I
Speaker 4: was taking a number of them, so that's why I
Speaker 4: was getting these bleeding things. So so yeah, so I
Speaker 4: got got over to Providence and you know this had happened,
Speaker 4: and you know, they just kind of told me and
Speaker 4: the doctor said, well, they took you off that stuff
Speaker 4: and you know, to the E and T doctors. You know,
Speaker 4: he conferred with my cardiologist.
Speaker 2: Right, So it's based on okay, hang on, hang on,
Speaker 2: this is getting too long, you know, So based on
Speaker 2: what you're saying, the malpractice here if there's any is
Speaker 2: while the stint was in your body, and because the
Speaker 2: stint was there forever you have to forever get off
Speaker 2: of blood thinners. Correct, And they took you off blood thinners,
Speaker 2: so you have to be on blood flitters for the
Speaker 2: rest of your life, and they took you off them.
Speaker 4: Correct, Not necessarily so, but with the stint, the rule
Speaker 4: is usually for one solid year they get you on
Speaker 4: plavix and then then they take you off. Because on
Speaker 4: my first one, that's what I did.
Speaker 2: All right, fair enough. Is it within a year that
Speaker 2: all of this happened?
Speaker 4: Yeah it was three I just had my stent three
Speaker 4: months ago.
Speaker 2: Okay, So they took you off blood thinners with three
Speaker 2: months after the stint went in when it should have
Speaker 2: been at least a year. Is that what happened? Okay?
Speaker 2: So based on what you said, it sounds like malpractice.
Speaker 2: So now when I talk about damages, a lawyer who
Speaker 2: is going to sue the facility Kaiser for example, is
Speaker 2: starting to has to argue malpractice took place, which could happen. Okay,
Speaker 2: based on what you said. Yeah, let's say it's true.
Speaker 2: And here's where damages get really really critical. You haven't
Speaker 2: been permanently injured. You had a real healthy nosebleed, you
Speaker 2: had to go to another hospital. It's is that enough
Speaker 2: to sue for medical malpractice? Because keeping keep in mind
Speaker 2: that lawyers have to a medical malpractice case against a
Speaker 2: facility like Kaiser, which has unlimited legal uh legal resources,
Speaker 2: is as difficult as a multimillion dollar case, and they're
Speaker 2: going to say it's just not worth it. Also, it's arbitration.
Speaker 2: And by the way, I'm a member of Kaiser too.
Speaker 2: I was there yesterday. I was having a colonoscopy and
Speaker 2: it was and I think the doctor didn't even know
Speaker 2: where the kolonoscopy was supposed to go, and that was
Speaker 2: a little problematic. But damages, I don't know. You know,
Speaker 2: that's your problem question. Yeah, I don't think there's much there.
Speaker 2: And I don't think even when there's malpractice, even when
Speaker 2: there was legitimate malpractice and there are no damages. Okay,
Speaker 2: I had a healthy nosebleed. Okay, I was in the
Speaker 2: hospital for three days because of the malpractice. Okay, got it.
Speaker 2: You were three days in the hospital. What is that
Speaker 2: worth because remember the lawyer takes thirty or forty percent,
Speaker 2: So what is that worth if I'm on the jury,
Speaker 2: or I'm a judge, or I'm an arbitrator. I'm gonna go. Okay,
Speaker 2: three days in the hospital, lost the wages, pain and suffering.
Speaker 2: Here's a few thousand dollars. It's it's simply not worth it. Oh,
Speaker 2: here's a fun one. Lee, Hi Lee, welcome, Hi Bill.
Speaker 6: I have a question regarding my aunt. So, she passed
Speaker 6: in twenty twenty two, and I was a trustee and
Speaker 6: sole beneficiary of her trust, and I took care of everything.
Speaker 6: But she had two cemetery plots at a cemetery, and
Speaker 6: when I went to go and try to transfer their titles,
Speaker 6: they told me that I had to get the approval
Speaker 6: of my other aunts and uncles, her siblings.
Speaker 2: Well, hey on, man, and wait a second. The trust
Speaker 2: owned the plots, correct, yes, okay. So, and you are
Speaker 2: the sole trust trustee, right okay, And they're saying we
Speaker 2: need a permission of someone else for you to deal
Speaker 2: with this. With this trust, you're basically the owner of
Speaker 2: that plot, right, And so I have a plot. So
Speaker 2: for example, I have a plot, right, and and let's
Speaker 2: say I want to sell it or I want to
Speaker 2: do whatever I want with it, transfer it and they go, oh, no, no,
Speaker 2: you can't do that. You have to have your ex
Speaker 2: or your brother give permission. I go, wast I own it.
Speaker 2: It's nobody else's I own it. And that's the case here.
Speaker 2: You are the trustee. There's no one else that can
Speaker 2: make the decision. They're crazy. What do you want to
Speaker 2: do with the plot? What do you want to do
Speaker 2: with the plot?
Speaker 5: Well?
Speaker 6: I was thinking of selling it.
Speaker 2: Good and sell it. Something's really wrong here, Yeah, something's
Speaker 2: wrong here. I don't understand why they're saying that. And
Speaker 2: you want to ask, wait a minute, why do I
Speaker 2: have to get permission of someone where someone doesn't have
Speaker 2: any any ownership or any control over this.
Speaker 7: Right?
Speaker 6: And I did argue that with them, and they said,
Speaker 6: this is our policy.
Speaker 2: Okay, then you have to Then I think you need
Speaker 2: a lawyer letter. Then you need a lawyer letter, and
Speaker 2: you have a lawyer say, and by the way, my
Speaker 2: question is why not the clerk down the street that
Speaker 2: works at Costco? Do I have to get that permission to? Yeah?
Speaker 2: I mean that doesn't make any sense. Something is really
Speaker 2: weird about that. But let me tell you about family manners.
Speaker 2: You know, when it was time to put my mom
Speaker 2: into an assisted living facility, and a lot of people
Speaker 2: have that issue. I had no idea where to go,
Speaker 2: so I put her in one near my house because
Speaker 2: that was sort of a default, and that one didn't
Speaker 2: work out so well. So I found another one near me,
Speaker 2: and that one barely worked out. I mean just barely.
Speaker 2: So let me tell you about senior living concierges. It's
Speaker 2: about putting your senior loved one into an excellent carrying environment.
Speaker 2: Living concierges will dramatically reduce the amount of time that
Speaker 2: it takes to search, evaluate, determine which would be the
Speaker 2: best facility. Boy, I wish I had that help. And
Speaker 2: it's not uncommon for one child in this case me
Speaker 2: to bear a heavier amount of responsibility, both in time
Speaker 2: and money and sometimes because maybe you live closer to
Speaker 2: a parent or a loved one, or you have more money,
Speaker 2: and so you end up bearing the brunt. And again
Speaker 2: that's what happened to me. And the search can also
Speaker 2: demand time away from your career and your family life,
Speaker 2: and the emotional strain involved cannot be understated. By the way,
Speaker 2: there's absolutely no cost to you for this service. This
Speaker 2: service is free to you, and when the time comes
Speaker 2: to find a facility. Maybe it's now. You will appreciate
Speaker 2: what senior living concierges do. Call eight eight eight two
Speaker 2: three eight sixty nine forty eight eight eight two three
Speaker 2: eight sixty nine forty visit SLC caring dot com. That's
Speaker 2: SLC caring dot com. Eight eight eight two three eight
Speaker 2: sixty nine forty SLC caring dot com. This is Handle
Speaker 2: on the Law.
Speaker 1: You're listening to Bill Handle on demand from KFI. I
Speaker 1: am six forty.
Speaker 2: Hey Fi, A am six forty will handle here. Good
Speaker 2: morning on a Saturday. Last half hour to go until
Speaker 2: eleven o'clock and then I continue on taking phone calls
Speaker 2: off the air. And you can imagine how quickly those go.
Speaker 2: And I do that for thirty forty minutes, however long
Speaker 2: it takes, so everybody's questions get answered. And the phone
Speaker 2: number here as always is eight hundred five two zero
Speaker 2: one five three four. We have a few lines open.
Speaker 2: We're doing pretty good now eight hundred five two zero
Speaker 2: one five three four And welcome back. More Handle on
Speaker 2: the Law, Marginal Legal Advice. Hello Don, welcome to Handle
Speaker 2: on the Law.
Speaker 7: Hey, thanks for taking my call. Bill Listen, I I've
Speaker 7: heard you say this before. I am a piano mover.
Speaker 7: I do long distance moving, and lots of times I
Speaker 7: never have any contact with a person that's actually booking
Speaker 7: the move in pain, and so I always tell them
Speaker 7: because I thought I heard it from you, and I'm
Speaker 7: sure you'll correct me immediately. The a text works as
Speaker 7: a legal contract, as I tell them, you know, they
Speaker 7: send me a text, pick up the pan and with
Speaker 7: this address, deliver it to this address, and we'll pay
Speaker 7: you so much money.
Speaker 2: Yeah, I mean that's there's a contract. Yeah, there's your contract.
Speaker 2: You have to it doesn't have to be a written
Speaker 2: contract where the party of the first part and then
Speaker 2: here's the party of the second part, and whereas and
Speaker 2: then everybody signs it. You have an arrangement. They say,
Speaker 2: I understand, or you pick up the piano, this is
Speaker 2: what I'm going to pay you, and you do exactly
Speaker 2: what's it's there and you have agreed to a an
Speaker 2: action where you you don't need a written contract. That
Speaker 2: is a writing that validity, that validates your contract. So
Speaker 2: they can't say, oh, we didn't have a written contract.
Speaker 2: Now there are some instances where you do that. By law,
Speaker 2: you have to have a written contract. One of them,
Speaker 2: for example, is in the construction business. If you are
Speaker 2: doing X dollars of work. Let's say there's a general
Speaker 2: contractor doing over five hundred dollars worth of work, that
Speaker 2: has to be a written contract. A lawyer, I have
Speaker 2: to have a written contract with you. That's the law.
Speaker 2: But when it comes to general work like that, that's
Speaker 2: that's solid. So what happens is they don't pay you,
Speaker 2: for example, and then you come in and you say,
Speaker 2: and here's your proof. You assume a small claim scort
Speaker 2: for how much did it cost to move a piano?
Speaker 2: By the way, it's been a while since I've moved one.
Speaker 7: Well it it costant, you know, a cheap one of uprights,
Speaker 7: only two to fifty. But I a usually tell the
Speaker 7: US they don't pay me, I'll keep the piano. And
Speaker 7: I wish they would do that most of the time,
Speaker 7: but usually they end up paying me.
Speaker 2: I mean, you can say it, but all right, yeah,
Speaker 2: let's say it's five five hundred dollars. Is not unusual
Speaker 2: to have a piano, correct, Yeah, right, okay, So let's
Speaker 2: say you're moving a piano for five hundred dollars, you
Speaker 2: move it, pursue it to their request if you do this,
Speaker 2: I will pay you. And you do this, what are
Speaker 2: they going to say, we didn't have a writing and
Speaker 2: well there's the there's a proof right there. Yeah, it's
Speaker 2: in those cases, is is it is a legitimate contract. Mike, Hello, Mike, Welcome,
Speaker 2: Hi Bill.
Speaker 8: September of twenty twenty four, I started the process of
Speaker 8: having permanent entries put in where they pull all your
Speaker 8: teeth out with an ural surgeon and alter the process
Speaker 8: of having the teeth the take teeth made I had.
Speaker 8: I was complaining about swollen gums. I mentioned to the
Speaker 8: oral surgeon on a follow up visit and even my
Speaker 8: dentis and follow up visits, and he said sometimes they
Speaker 8: can take up to a year for the numbness to
Speaker 8: go away and the swelling of the tongue and the
Speaker 8: scurring which you're probably hearing. And it still hasn't gone away.
Speaker 2: So I mean, how long has it been?
Speaker 8: I need to talk to somebody. It was September twenty
Speaker 8: twenty four when he pulled my teeth out, all right,
Speaker 8: So I hadn't realized.
Speaker 2: Okay, this has been basically a couple of years. Okay,
Speaker 2: here here is the issue. Quite often here a few months. Yeah, okay,
Speaker 2: quite often. Well, first of all, year, a few months.
Speaker 2: When they say it's been about a year, you're going
Speaker 2: to go no place on that one, because people are
Speaker 2: being off a few months. But let's say it continues on.
Speaker 2: Let's say you call me a year from now, and
Speaker 2: so now we're talking about it's a year since they
Speaker 2: promised me it would go down. Here is the problem
Speaker 2: that you have, and that is you sign a consent
Speaker 2: form that I guarantee, you sign a consent for them
Speaker 2: and saying you are accepting the risk of and then
Speaker 2: you go all down the list that everything can happen
Speaker 2: to you, including death and loss of erection and oily
Speaker 2: stools or whatever the hell else they give you all right,
Speaker 2: all those disclaimers, and and there is a small percentage
Speaker 2: of people where complications occur without any malpractice. It's just
Speaker 2: a small number of people react and you're taking that risk.
Speaker 2: And their position is we've done nothing wrong. You know,
Speaker 2: what did we do? What did we do wrong? And
Speaker 2: so you bring in the dental experts and they say,
Speaker 2: I don't see anything wrong unless there's clear malpractice. And
Speaker 2: then after that there may be a case because numbness
Speaker 2: that goes on forever goes on, except you know you've
Speaker 2: accepted the risk and there's that percentage. Let me give
Speaker 2: you an idea. Let me give you an analogy or
Speaker 2: an example. Okay, in the general population, when kids are born,
Speaker 2: there is a two to three percent chance that the
Speaker 2: child is born anomalous, meaning that there's something wrong with
Speaker 2: the kid that was missed by everybody. And the problem
Speaker 2: is that no matter what people have done, what doctors
Speaker 2: have done or not done, there's a two to three
Speaker 2: percent chance that the kid comes out screwed up. And
Speaker 2: you take the risk. So if it's a two to
Speaker 2: three percent chance, you know what the the incident of
Speaker 2: filing a lawsuit against the doctor two to three percent,
Speaker 2: there is no child that is born even though nature
Speaker 2: says there is a certain percentage that are born that
Speaker 2: way that there's no lawsuit. And so this is why insurance.
Speaker 2: These doctors pay one hundred and fifty thousand dollars a
Speaker 2: year for medical insurance, which is why obstetricians, Yeah, I
Speaker 2: don't think we're going to deliver babies, and they just
Speaker 2: don't deal with it anymore. But the bottom line is
Speaker 2: you have you have to go to another dentist clearly
Speaker 2: and say did and get the notes because there are notes,
Speaker 2: and say did the doctor do anything wrong? My clear
Speaker 2: negligence that that you don't wave. But then again, what
Speaker 2: is numbness in your mouth? You know you sound okay,
Speaker 2: so you know you have none. I just went to
Speaker 2: the dentist and I was numb and it was basically
Speaker 2: I chewed my lip off, but you know that's what happened.
Speaker 2: So yeah, I don't think you have my showcase there.
Speaker 2: I really don't. But thanks for calling. I'm glad I
Speaker 2: ruined your life. That all works out, Alex. Hi, Alex,
Speaker 2: welcome Alex. Yes, I can thank Bill.
Speaker 3: Yes, okay, Hi, turn.
Speaker 2: That radio down, Alex, turn that radio down. Yes it's down, Okay,
Speaker 2: goohd go ahead.
Speaker 3: Okay. I was calling because I'm having a problem with
Speaker 3: my employer. I was served a performance improvement plan that
Speaker 3: I think was in retaliation. I have an issue with
Speaker 3: this girl there, and she was mentioned on the performance
Speaker 3: improvement plan. I was accused of harassing her and she
Speaker 3: basically harassed me on my day off and we had
Speaker 3: a whole issue with the boss and everything. But I
Speaker 3: know the company is trying to push me out My
Speaker 3: question is do you deal with employment law? And like
Speaker 3: how if I have documented proof like emails and teams,
Speaker 3: chats and stuff, say, what's say? What what'd you say?
Speaker 2: Let's say what those chats and emails that proof.
Speaker 3: That she's been hostile towards me, called me names?
Speaker 2: Just yeah, right, okay? And so you know, are you
Speaker 2: hostile work environment? All right? Yeah? Nobody really cares because okay,
Speaker 2: let's say that's true and you declare a hostile work environment?
Speaker 2: What do you want? Are you? Okay? They want you.
Speaker 2: They're they're pushing you out. Okay, they're pushing you out.
Speaker 2: All right? Now, what what do you want as a
Speaker 2: result of them pushing you out?
Speaker 3: I want them to be held accountable because I think, okay.
Speaker 2: What does that mean? What does that mean? Alex?
Speaker 8: To you?
Speaker 3: Financial?
Speaker 2: Okay, there you go? How much? Okay, how much you
Speaker 2: think that's worth?
Speaker 3: Maybe like about two months paying or something? A job?
Speaker 2: Okay, at least you're not crazy, because I've heard people go, oh,
Speaker 2: half a million dollars, a million dollars okay, so you're
Speaker 2: not being nuts in that. Okay, fair enough?
Speaker 3: Another job?
Speaker 2: Oh, here's the problem. First of all, I get to
Speaker 2: get another job. Okay, And the problem is you get
Speaker 2: another job. California. You can be fired for any reason,
Speaker 2: no reason. Hostile work environment is something that's covered but
Speaker 2: not enough in your case. Just get the hell out
Speaker 2: of there. Just get out of there and get another job.
Speaker 2: What do you what do you do for a living?
Speaker 3: I'm a property manager, man, It's like luxury apartment buildings.
Speaker 2: Are that fair enough? Are there property management jobs out there?
Speaker 3: Yes? I have interviews next weekend, all.
Speaker 2: Right, Then there's no downside. Then you want to work
Speaker 2: for a place that actually wants you and is not
Speaker 2: willing to give you that kind of grief, and that
Speaker 2: that's where you go. That's that's the easiest thing to do.
Speaker 2: And I know, uh, and there are household work environments.
Speaker 2: I've been fired unfairly, Okay, great, Uh, you know, welcome
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Speaker 2: This is handle on the Law KFI. Handle here. It
Speaker 2: is a Saturday morning. It is our last segment for
Speaker 2: the end of the show, and I will continue on
Speaker 2: answering questions after the show as I lock out and
Speaker 2: say goodbye to you, and I will do that off
Speaker 2: the air for future broadcasts. And I will just continue
Speaker 2: until all the calls are done. So hang loose, so
Speaker 2: no matter where you are. But at the same time,
Speaker 2: I do have a few lines open right now and
Speaker 2: the number is eight hundred five two zero one five
Speaker 2: three four. Eight hundred five two zero one five three
Speaker 2: four And welcome back to Handle on the Law Marginal
Speaker 2: Legal Advice. Now, I just had a call where I
Speaker 2: was asked, is an email considered a legal contract? And
Speaker 2: this was an email in which a service was done
Speaker 2: pursuant to the service provider. In this case was a
Speaker 2: piano mover from a customer saying this is where I
Speaker 2: want you to pick up the piano and move it here.
Speaker 2: And I understand I'm supposed to pay four hundred dollars
Speaker 2: for that and you just go right ahead. Is that
Speaker 2: a contract? You bet it is? Now we have another
Speaker 2: question regarding contracts. And this was kind of fun, all right, Jeff,
Speaker 2: welcome to handle on the law.
Speaker 9: Is this bill handle it?
Speaker 2: Is it is? Jeff?
Speaker 9: Did I listen to every day anyway?
Speaker 2: Of course?
Speaker 9: So real quick, yeah, of course. So anyway, I've been
Speaker 9: a licensed contractor HBAC for forty years. I get all
Speaker 9: my stuff on referrals. I'm a good guy. I do
Speaker 9: everything right, Okay. So then I did her ADU. A
Speaker 9: licensed contractor built adu. It's in del marl hoyot whatever
Speaker 9: up places, and I did the ADU. She was fine
Speaker 9: with my work, loved me. And then they got another
Speaker 9: contractor due to siding on their house and spit it
Speaker 9: up a little bit. Well, her neighbor, okay, a neighbor,
Speaker 9: not a very friendly neighbor, turned them in to get permits.
Speaker 9: So I had to stop my part of the job
Speaker 9: because the sighting wasn't completely finished. In the meantime, I
Speaker 9: finished ninety percent. All you do is put sheet metal
Speaker 9: caps on the outside to write. Then she I just
Speaker 9: called a year. So then she calls back. I call
Speaker 9: her back. She finally answers, and she tells me that
Speaker 9: I abandoned the job and I didn't get permits. Well,
Speaker 9: first of all, I've never gotten permits from putting the
Speaker 9: sheep on house. She had to get all the pro
Speaker 9: hold on.
Speaker 3: Okay.
Speaker 2: All your job was is to put sheet metal, not
Speaker 2: actually build the ADU. Is that correct?
Speaker 9: No, I was just putting sheat Buddle had all the
Speaker 9: line sets because somebody did such a okay job, So.
Speaker 2: You had you were putting it, we're putting. I'm a
Speaker 2: little confused you were putting siding on the house or doing.
Speaker 9: I was putting the sheep medal the sighting guys they're
Speaker 9: about I understand.
Speaker 2: Okay, so your job was done right and they didn't
Speaker 2: get a okay, and you got and you got a permit,
Speaker 2: and you got a permit for your part of it.
Speaker 9: No, I didn't.
Speaker 2: Okay, do are you supposed to get a permit?
Speaker 9: Well, the.
Speaker 2: That's a yes, sir. No, that's a yes, sir. No,
Speaker 2: that's an easy one, Bob, Jeff. Are you supposed to
Speaker 2: get a permit when you do this kind of work
Speaker 2: on any problem?
Speaker 6: Thing?
Speaker 9: Is though they were getting permits for all the other stuff,
Speaker 9: are you I don't know.
Speaker 2: That's not your problem. That's not your problem. Do you
Speaker 2: have to have a permit to work?
Speaker 9: Not for I've never gotten a permit.
Speaker 2: For I don't care. Does the laws say, does the
Speaker 2: laws say you have to get a permit in order
Speaker 2: to do that work? I don't know the answer to that.
Speaker 2: Could be the general contractor as a permit that covers everything,
Speaker 2: all right, So uh okay, so what is what is
Speaker 2: your question?
Speaker 9: Well, my question is is a verbal agreement?
Speaker 2: No, not in terms of building. Nope, Nope, nope, not
Speaker 2: in terms of building. There has to be a written contract,
Speaker 2: but it doesn't have to be with her, it has
Speaker 2: to be with a contractor. H She says, I abandoned
Speaker 2: the job, all right, So you know what, you end
Speaker 2: up suing her in small claims court. And if she
Speaker 2: brings up the argument that, uh, there was a no
Speaker 2: permit filed or there wasn't enough, and you go, hey,
Speaker 2: a job I did and it didn't need a permit
Speaker 2: because the general contractor pulled a permit and all I
Speaker 2: did was put in the HVAC whatever amount whatever I did,
Speaker 2: and it's it's she's gonna say, you're you're actually gonna
Speaker 2: sue her directly, and she can say that's not my
Speaker 2: problems the general contractor. But I don't think she'll be
Speaker 2: able to say that. So and the small claims judge
Speaker 2: is probably going to miss it too. So I would
Speaker 2: sue her. How much? Wyey to show you?
Speaker 9: That's only twenty five hundred?
Speaker 2: Then you see her for twenty five hundred dollars. There
Speaker 2: are tons of defenses out there. Did you have a
Speaker 2: written contract a bid with the general?
Speaker 7: No?
Speaker 9: This was hiding her and me.
Speaker 2: Well, there is no between her and me because she
Speaker 2: didn't hire you. It was a general that hired you.
Speaker 9: No, she hired me.
Speaker 2: And oh and you didn't have a contract with her. No,
Speaker 2: a verbal contract. You're out of luck. You can't do that.
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Speaker 2: This is handle on the law. You've been listening to
Speaker 2: the Bill handle show. Catch my show Monday through Friday,
Speaker 2: six am to nine am and anytime on demand on
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