WEBVTT - Suing Over TikToc Challenges??? 0:00:01.160 --> 0:00:05.040 You're listening to Bill Handle on demand from KFI AM 0:00:05.080 --> 0:00:10.480 six forty. 0:00:08.840 --> 0:00:11.880 Kf I AM six forty Bill Handle. Here it is 0:00:11.920 --> 0:00:16.880 a Saturday morning, as we finish our last hour of 0:00:17.480 --> 0:00:19.520 the program, and then at the end of the hour, 0:00:19.600 --> 0:00:21.680 when I say goodbye, I'm still going to be around 0:00:21.720 --> 0:00:24.600 off the air, and I'll be taking some phone calls 0:00:24.960 --> 0:00:28.440 now top of the hour, which means that we always 0:00:28.480 --> 0:00:30.560 have lines open and it's the best time to call, 0:00:30.600 --> 0:00:33.160 and we do. And so the number is eight hundred 0:00:33.200 --> 0:00:37.400 five two zero one five three four, eight hundred five 0:00:37.479 --> 0:00:41.200 two zero one five three four, and you will get 0:00:41.320 --> 0:00:43.760 right in to a little sparse and the phone number 0:00:43.840 --> 0:00:47.080 is interesting. Some days we're jammed, and then some days 0:00:48.159 --> 0:00:50.560 it gets to be a little sparse. This is why 0:00:50.600 --> 0:00:53.639 when I do my morning show, I don't take phone calls, 0:00:54.280 --> 0:00:58.080 because well, because I have to rely on you. And 0:00:58.440 --> 0:00:59.960 as you know, well, if you've been listening to this 0:01:00.080 --> 0:01:01.720 show for any length of time, you know I think 0:01:01.720 --> 0:01:06.000 you're all a bunch of flakes. Not true. Most of 0:01:06.000 --> 0:01:07.319 the time I'm more of a flake than you are. 0:01:07.360 --> 0:01:10.040 It doesn't matter because I'm allowed to call you flakes 0:01:10.040 --> 0:01:11.880 and I'm behind the mic and you're not so it 0:01:11.920 --> 0:01:15.120 all works out the number eight hundred five two zero 0:01:15.360 --> 0:01:18.920 one five three four. That's eight hundred five to two 0:01:19.000 --> 0:01:24.039 zero one five three four. This is handle on the 0:01:24.160 --> 0:01:27.759 law marginal legal advice where I tell you you have 0:01:28.160 --> 0:01:32.400 absolutely no case. I don't know if you are a 0:01:32.440 --> 0:01:38.840 TikTok fan. TikTok is a rather interesting platform. And one 0:01:38.840 --> 0:01:41.200 of the things about TikTok, and this literally from the beginning, 0:01:42.080 --> 0:01:46.959 is the TikTok challenges. And they ranged all the way 0:01:47.120 --> 0:01:50.520 from just stupid and ridiculous but not particularly dangerous. I 0:01:50.520 --> 0:01:53.920 remember one of the first was the TikTok Cinnamon challenge, 0:01:54.720 --> 0:02:00.680 where you were supposed to take a spoonful of a big, 0:02:01.200 --> 0:02:04.880 big spoonful or a cup or whatever cinnamon and throw 0:02:04.920 --> 0:02:08.360 it in your mouth and then try to spit because 0:02:08.360 --> 0:02:12.760 what cinnamon does is instantly suck out every bit of moisture. 0:02:12.919 --> 0:02:15.600 And it was very funny to see and the coughing 0:02:15.639 --> 0:02:17.800 that went on, I mean, as disgusting as it is. 0:02:18.280 --> 0:02:19.640 You know, you didn't kill anybody. 0:02:20.680 --> 0:02:20.880 Then. 0:02:21.000 --> 0:02:24.200 Over the years, TikTok has put up challenges that are 0:02:24.200 --> 0:02:29.079 pretty dangerous, jumping off cars, for example, moving cars, and 0:02:29.480 --> 0:02:36.080 there is one that happened that's called the choking challenge. 0:02:36.560 --> 0:02:41.480 Now this killed people. This challenge killed people kids, particularly 0:02:41.560 --> 0:02:45.840 six families are singing TikTok saying that the algorithm of 0:02:45.919 --> 0:02:51.960 TikTok has a defect. One it's addictive, two it targets miners, 0:02:53.320 --> 0:02:57.760 and three it has disturbing and troubling content, in this case, 0:02:58.000 --> 0:03:02.160 a challenge to choke yourself or choke someone else. So 0:03:02.760 --> 0:03:09.839 they sued. Five British families sued in US court and 0:03:10.360 --> 0:03:12.960 then a judge I had to hear a motion to 0:03:13.040 --> 0:03:15.960 dismiss the civil case because what ended up happening is 0:03:16.040 --> 0:03:20.160 TikTok immediately filed the motion to dismiss the case. And 0:03:20.600 --> 0:03:24.480 this case is centered on these six families. The kids 0:03:24.480 --> 0:03:29.800 will age eighteen, eleven to seventeen. They allegedly took part 0:03:29.840 --> 0:03:34.280 in a choking challenge after seeing videos of this on TikTok, 0:03:34.960 --> 0:03:41.040 and all of them died. And so Matthew Bergman, an 0:03:41.040 --> 0:03:44.680 attorney represents the family, says, TikTok has a four U 0:03:44.880 --> 0:03:49.080 page that deluges young people, young people, young kids with 0:03:49.200 --> 0:03:54.400 dangerous material. In this case, it was the dangerous choking 0:03:54.640 --> 0:03:59.600 challenges and this is not material that kids want to see. 0:03:59.600 --> 0:04:02.080 But sometimes they can't turn away from it, which there's 0:04:02.080 --> 0:04:05.400 an argument there. And the lawyers didn't even want to 0:04:05.480 --> 0:04:07.880 litigate the case the self, the underlying case. They said, 0:04:07.920 --> 0:04:10.560 this shouldn't even be brought to trial. It has to 0:04:10.600 --> 0:04:14.080 be dismissed under the First Amendment. They have the right 0:04:14.120 --> 0:04:18.160 to publish anything. And they're not advocating people choking. They're 0:04:18.200 --> 0:04:22.720 just showing the videos of kids choking each other or 0:04:22.800 --> 0:04:26.599 choking themselves. And there's also a law in place called 0:04:26.640 --> 0:04:32.640 the Communications Decency Act, which bars Internet companies from liability 0:04:32.680 --> 0:04:36.960 for content by third parties. In other words, it's not 0:04:37.040 --> 0:04:40.599 TikTok that created this challenge, it was someone else and 0:04:40.640 --> 0:04:46.080 they're just putting it up. And much like Amazon Amazon, 0:04:46.200 --> 0:04:48.560 you buy a product from a third party, not from 0:04:48.560 --> 0:04:51.800 Amazon directly, which the majority of goods that are sold 0:04:51.839 --> 0:04:55.599 through Amazon, and the product is defective, it's not Amazon's fault. 0:04:56.920 --> 0:04:59.359 You have a relationship directly with that third party. And 0:04:59.400 --> 0:05:02.400 in this case, which is far more serious, TikTok says, 0:05:02.440 --> 0:05:06.159 we didn't do that, we just put it up. And 0:05:06.520 --> 0:05:10.520 so the Communications Decency Act bars companies from being sued. 0:05:11.320 --> 0:05:14.919 Now the critics are arguing this is way outdated, this law, 0:05:15.760 --> 0:05:19.840 and attorneys for TikTok also said this shouldn't even be 0:05:19.960 --> 0:05:25.360 litigated in the United States because five of those family 0:05:25.400 --> 0:05:30.320 members are British, and should this case should be brought 0:05:30.360 --> 0:05:33.640 in the United Kingdom. One was an American company, so 0:05:33.680 --> 0:05:37.919 they're not arguing that. So we'll see what happens with 0:05:37.960 --> 0:05:41.159 that one. This is all new Internet stuff and we 0:05:41.279 --> 0:05:43.240 just haven't kept up with it. One of the things 0:05:43.320 --> 0:05:47.400 about the Internet and Internet law, and there's something that 0:05:47.480 --> 0:05:51.720 I discovered from the days when I was practicing law 0:05:51.800 --> 0:05:55.720 and my specialty was third party reproductive law, surrogate parenting, 0:05:56.160 --> 0:06:01.560 egg donation, egg banking, that business that's technology that involved 0:06:01.600 --> 0:06:09.000 all that IVF, egg freezing, that involves science, medical science. 0:06:10.120 --> 0:06:13.599 Science is always a head of the laws. The law 0:06:13.960 --> 0:06:17.760 catches up to science. So here we are with various 0:06:17.800 --> 0:06:21.520 app aspects of the Internet First Amendment issues, what has 0:06:21.560 --> 0:06:25.840 allowed liability issues in this case, the law isn't there yet, 0:06:26.520 --> 0:06:29.360 so there's always a lag. And when now you're dealing 0:06:29.360 --> 0:06:34.239 with AI where the law hasn't even begun to catch 0:06:34.320 --> 0:06:39.719 up with AI. So we'll see what happens in the future. 0:06:40.000 --> 0:06:43.000 I'll tell you where the law though, is well in place. 0:06:43.000 --> 0:06:46.680 And that's personal injury law. Personal injury law has been 0:06:46.680 --> 0:06:49.600 around for a long time and it's well established. And 0:06:49.680 --> 0:06:51.600 so here's what ends up happening. If you get in 0:06:51.640 --> 0:06:53.520 a car accident or a slip and fall and it's 0:06:53.560 --> 0:06:55.800 not your fault and you're injured, well you look for 0:06:55.839 --> 0:06:58.000 a lawyer. I mean, you theoretically can do it on 0:06:58.040 --> 0:06:59.880 your own, but if you've been banged up, pretty good 0:07:00.680 --> 0:07:03.560 guarantee you that the other sides insurance company doesn't call 0:07:03.600 --> 0:07:06.560 you and start talking to you about settlement and you 0:07:06.600 --> 0:07:09.240 are crazy to talk to these people because they are 0:07:09.320 --> 0:07:12.200 experts at not paying you. So this is where a 0:07:12.200 --> 0:07:14.680 personal injury lawyer comes into play. And where do you 0:07:14.720 --> 0:07:16.720 get a personal injury lawyer? Well, if you don't know, 0:07:17.560 --> 0:07:20.040 you don't know who to trust. You can always listen 0:07:20.040 --> 0:07:23.000 to commercials or see those lawyers on billboards and some 0:07:23.040 --> 0:07:25.000 of them are very good. But again, who do you know. 0:07:25.560 --> 0:07:28.120 This is why I created handle on the Law dot Com. 0:07:28.400 --> 0:07:31.120 Handle on the Law dot Com is about lawyers who 0:07:31.280 --> 0:07:34.320 specialize in personal injury representing you when you've been injured 0:07:35.280 --> 0:07:38.400 and they've been vetted. And on top of that, if 0:07:38.400 --> 0:07:41.120 there's a problem, I make the phone call what's going on. 0:07:41.240 --> 0:07:43.080 We have an unhappy camper here, and I've made that 0:07:43.080 --> 0:07:45.200 call a few times over the years. So if you've 0:07:45.240 --> 0:07:49.040 been injured, it's not your fault, and it's a slip 0:07:49.040 --> 0:07:52.160 and fall or a car accident, you're rear ended, you've 0:07:52.160 --> 0:07:54.400 been t boned, you go to a big box store 0:07:54.400 --> 0:07:57.080 and a big box falls on your head, call the 0:07:57.120 --> 0:08:01.120 folks at or contact handle on the Law, Handle on 0:08:01.160 --> 0:08:04.160 the law dot com. This is Handle on the Law 0:08:04.600 --> 0:08:08.520 K five AM six forty. Like you just heard handle here. 0:08:09.160 --> 0:08:14.520 It's the last hour of our program until eleven o'clock 0:08:14.640 --> 0:08:18.680 when Leo, excuse me, when Rich to Murrow. I can't 0:08:18.720 --> 0:08:21.360 believe I'm going back that long, Leo Laporte. We had 0:08:21.360 --> 0:08:24.120 the show one hundred and fifty years ago when rich 0:08:24.160 --> 0:08:27.760 Tomurrow comes on at eleven o'clock, right up until the 0:08:27.800 --> 0:08:30.200 tech guy, and then from two to five it's a 0:08:30.280 --> 0:08:33.960 Neil Savedra with FOURK report. And our phone number here 0:08:34.040 --> 0:08:36.680 is eight hundred five two zero one five three four. 0:08:37.320 --> 0:08:42.959 Eight hundred five two zero one five three four, and 0:08:43.000 --> 0:08:44.920 we do have some lines open. Today's a little bit, 0:08:45.360 --> 0:08:50.040 a little bit sparse, sometimes jammed, sometimes not. This is 0:08:50.040 --> 0:08:51.560 one of the things about as much fun as I 0:08:51.600 --> 0:08:56.280 have in screaming at you. And the ability that you 0:08:56.400 --> 0:08:59.640 have in producing questions that are just spectacular in some 0:08:59.720 --> 0:09:02.560 cases is where you shake your head, you go, no, 0:09:03.480 --> 0:09:06.520 that is impossible. No one can live with that IQ 0:09:07.160 --> 0:09:11.800 and walk around not having someone shadow them. No, people do. 0:09:12.320 --> 0:09:14.400 People do. And I get these questions and they're lovely 0:09:15.040 --> 0:09:18.719 because they're lovely and absolutely delicious. So the number here 0:09:18.800 --> 0:09:21.000 eight hundred five two zero one five three four. And 0:09:21.000 --> 0:09:22.640 then when you have a good case, I tell you, hey, 0:09:22.679 --> 0:09:24.480 you got a good case, you need a lawyer or 0:09:24.720 --> 0:09:26.480 you could do it on your own. You don't need 0:09:26.520 --> 0:09:28.600 a lawyer, which a lot of people like to hear, 0:09:28.800 --> 0:09:32.360 because automatically some people say, oh I need a lawyer. No, no, 0:09:32.440 --> 0:09:35.840 sometimes not and or I don't need a lawyer, and 0:09:35.920 --> 0:09:40.000 you do, and that's when it gets and that's when 0:09:40.040 --> 0:09:42.880 you're not making some good decisions. Eight hundred five two 0:09:42.960 --> 0:09:49.440 zero one five three four And welcome back. Handle on 0:09:49.640 --> 0:09:55.680 the law marginal legal advice. All right, Neil, you're up. 0:09:55.760 --> 0:09:57.760 Let's start with you. Welcome to the show. 0:09:57.840 --> 0:10:00.520 All right, thank you, Thanks for I wanted to ask 0:10:00.559 --> 0:10:02.120 how you're doing, but I know that's a mistake. 0:10:02.600 --> 0:10:03.800 Yes, But. 0:10:05.360 --> 0:10:09.280 Anyway, I just got out of the hospital. About about 0:10:09.320 --> 0:10:11.680 three months ago. I had my second stint put in 0:10:12.520 --> 0:10:16.520 and it failed because I was taking off bloodbinners and 0:10:16.600 --> 0:10:19.200 so I basically I had a little heart attack on Wednesday, 0:10:19.200 --> 0:10:22.000 and I went in and and they redid it. But 0:10:23.080 --> 0:10:24.679 you know, I know you always ask, you know, what 0:10:25.200 --> 0:10:27.480 were the damages to me for having this happen? But 0:10:27.640 --> 0:10:31.120 uh so, but you know, two stories. I was like, 0:10:31.120 --> 0:10:33.480 I'm a Kaiser patient. I went to the emergency room 0:10:33.520 --> 0:10:40.920 there and they quickly rushed me over to Providence because 0:10:41.240 --> 0:10:43.679 this was an active thing that they couldn't handle right away. 0:10:44.480 --> 0:10:46.800 And so yeah, they went. So they went in and 0:10:46.840 --> 0:10:49.520 replaced the stint in and so coming off the blood 0:10:49.520 --> 0:10:51.440 there is I had this nose believe that they couldn't stop. 0:10:51.520 --> 0:10:54.200 So I'd gone into the hospital a week before. 0:10:54.320 --> 0:10:57.480 Okay, okay, hang on a minute. You they took you 0:10:57.640 --> 0:11:01.120 off your blood fitter, yet you had a nosebleed that 0:11:01.160 --> 0:11:04.400 you couldn't stop, which I'm assuming is a result of 0:11:04.440 --> 0:11:06.320 blood thinner or maybe the two were not connected. 0:11:06.559 --> 0:11:09.480 Correct, Yeah, okay, correct, Yeah, yeah, So I had a 0:11:09.520 --> 0:11:11.280 head cold and I was blowing my nose until that 0:11:11.400 --> 0:11:15.840 started was pretty severe, and so you know, they gave 0:11:15.840 --> 0:11:16.679 me a rhino rocket. 0:11:16.679 --> 0:11:17.800 I don't know if you know what that is. 0:11:18.160 --> 0:11:19.400 No idea tampon. 0:11:19.720 --> 0:11:20.800 It's like a tampon with the. 0:11:20.800 --> 0:11:27.439 Balloon, regular tampon string hanging out. Stay. 0:11:28.240 --> 0:11:31.560 Yeah. Yeah, well that's what I was dealing with for 0:11:31.679 --> 0:11:33.719 about five days. Okay, So I went to the E 0:11:34.480 --> 0:11:36.840 and T doctor, you know, after I had that thing installed, 0:11:36.880 --> 0:11:38.160 and I thought I was going to get it removed 0:11:38.160 --> 0:11:40.160 and nego going in there and chunterize it because I know, 0:11:40.880 --> 0:11:43.679 so once you're you have a stint put in, it's 0:11:43.679 --> 0:11:46.480 really important that you do not come off blood thinners 0:11:46.520 --> 0:11:49.080 for a year, right, Yes, And I was taking I 0:11:49.120 --> 0:11:50.760 was taking a number of them, so that's why I 0:11:50.760 --> 0:11:54.000 was getting these bleeding things. So so yeah, so I 0:11:54.000 --> 0:11:57.520 got got over to Providence and you know this had happened, 0:11:57.559 --> 0:11:59.280 and you know, they just kind of told me and 0:11:58.880 --> 0:12:01.840 the doctor said, well, they took you off that stuff 0:12:01.880 --> 0:12:04.160 and you know, to the E and T doctors. You know, 0:12:04.240 --> 0:12:05.880 he conferred with my cardiologist. 0:12:06.120 --> 0:12:08.400 Right, So it's based on okay, hang on, hang on, 0:12:08.440 --> 0:12:10.720 this is getting too long, you know, So based on 0:12:11.000 --> 0:12:14.720 what you're saying, the malpractice here if there's any is 0:12:15.160 --> 0:12:19.080 while the stint was in your body, and because the 0:12:19.080 --> 0:12:22.959 stint was there forever you have to forever get off 0:12:23.000 --> 0:12:27.120 of blood thinners. Correct, And they took you off blood thinners, 0:12:27.480 --> 0:12:29.240 so you have to be on blood flitters for the 0:12:29.280 --> 0:12:30.840 rest of your life, and they took you off them. 0:12:31.000 --> 0:12:35.600 Correct, Not necessarily so, but with the stint, the rule 0:12:35.720 --> 0:12:38.679 is usually for one solid year they get you on 0:12:38.760 --> 0:12:41.160 plavix and then then they take you off. Because on 0:12:41.280 --> 0:12:42.560 my first one, that's what I did. 0:12:42.920 --> 0:12:46.960 All right, fair enough. Is it within a year that 0:12:47.400 --> 0:12:48.240 all of this happened? 0:12:49.360 --> 0:12:51.320 Yeah it was three I just had my stent three 0:12:51.360 --> 0:12:51.840 months ago. 0:12:52.160 --> 0:12:56.440 Okay, So they took you off blood thinners with three 0:12:56.520 --> 0:12:58.480 months after the stint went in when it should have 0:12:58.520 --> 0:13:01.959 been at least a year. Is that what happened? Okay? 0:13:02.120 --> 0:13:04.679 So based on what you said, it sounds like malpractice. 0:13:04.840 --> 0:13:08.600 So now when I talk about damages, a lawyer who 0:13:08.640 --> 0:13:12.840 is going to sue the facility Kaiser for example, is 0:13:13.400 --> 0:13:17.640 starting to has to argue malpractice took place, which could happen. Okay, 0:13:17.679 --> 0:13:20.120 based on what you said. Yeah, let's say it's true. 0:13:21.160 --> 0:13:25.200 And here's where damages get really really critical. You haven't 0:13:25.200 --> 0:13:29.680 been permanently injured. You had a real healthy nosebleed, you 0:13:29.720 --> 0:13:33.240 had to go to another hospital. It's is that enough 0:13:33.280 --> 0:13:36.920 to sue for medical malpractice? Because keeping keep in mind 0:13:37.760 --> 0:13:42.160 that lawyers have to a medical malpractice case against a 0:13:42.200 --> 0:13:48.160 facility like Kaiser, which has unlimited legal uh legal resources, 0:13:48.960 --> 0:13:54.880 is as difficult as a multimillion dollar case, and they're 0:13:54.920 --> 0:13:57.800 going to say it's just not worth it. Also, it's arbitration. 0:13:58.080 --> 0:13:59.880 And by the way, I'm a member of Kaiser too. 0:13:59.880 --> 0:14:04.240 I was there yesterday. I was having a colonoscopy and 0:14:04.440 --> 0:14:06.360 it was and I think the doctor didn't even know 0:14:06.400 --> 0:14:09.719 where the kolonoscopy was supposed to go, and that was 0:14:09.760 --> 0:14:13.560 a little problematic. But damages, I don't know. You know, 0:14:13.960 --> 0:14:17.920 that's your problem question. Yeah, I don't think there's much there. 0:14:18.040 --> 0:14:20.800 And I don't think even when there's malpractice, even when 0:14:20.800 --> 0:14:26.040 there was legitimate malpractice and there are no damages. Okay, 0:14:26.040 --> 0:14:29.160 I had a healthy nosebleed. Okay, I was in the 0:14:29.200 --> 0:14:33.000 hospital for three days because of the malpractice. Okay, got it. 0:14:33.040 --> 0:14:35.400 You were three days in the hospital. What is that 0:14:35.520 --> 0:14:40.080 worth because remember the lawyer takes thirty or forty percent, 0:14:40.160 --> 0:14:43.720 So what is that worth if I'm on the jury, 0:14:43.800 --> 0:14:45.960 or I'm a judge, or I'm an arbitrator. I'm gonna go. Okay, 0:14:46.000 --> 0:14:48.400 three days in the hospital, lost the wages, pain and suffering. 0:14:48.440 --> 0:14:55.920 Here's a few thousand dollars. It's it's simply not worth it. Oh, 0:14:55.960 --> 0:15:01.720 here's a fun one. Lee, Hi Lee, welcome, Hi Bill. 0:15:02.960 --> 0:15:06.880 I have a question regarding my aunt. So, she passed 0:15:06.920 --> 0:15:10.680 in twenty twenty two, and I was a trustee and 0:15:10.760 --> 0:15:15.800 sole beneficiary of her trust, and I took care of everything. 0:15:15.880 --> 0:15:20.000 But she had two cemetery plots at a cemetery, and 0:15:20.040 --> 0:15:23.720 when I went to go and try to transfer their titles, 0:15:24.240 --> 0:15:26.640 they told me that I had to get the approval 0:15:27.000 --> 0:15:30.800 of my other aunts and uncles, her siblings. 0:15:31.040 --> 0:15:33.880 Well, hey on, man, and wait a second. The trust 0:15:34.040 --> 0:15:39.240 owned the plots, correct, yes, okay. So, and you are 0:15:39.280 --> 0:15:44.680 the sole trust trustee, right okay, And they're saying we 0:15:44.760 --> 0:15:48.400 need a permission of someone else for you to deal 0:15:48.440 --> 0:15:52.080 with this. With this trust, you're basically the owner of 0:15:52.520 --> 0:15:57.000 that plot, right, And so I have a plot. So 0:15:57.720 --> 0:16:00.560 for example, I have a plot, right, and and let's 0:16:00.560 --> 0:16:03.040 say I want to sell it or I want to 0:16:02.720 --> 0:16:05.880 do whatever I want with it, transfer it and they go, oh, no, no, 0:16:06.160 --> 0:16:09.920 you can't do that. You have to have your ex 0:16:10.040 --> 0:16:13.840 or your brother give permission. I go, wast I own it. 0:16:13.840 --> 0:16:17.840 It's nobody else's I own it. And that's the case here. 0:16:18.240 --> 0:16:20.040 You are the trustee. There's no one else that can 0:16:20.080 --> 0:16:23.520 make the decision. They're crazy. What do you want to 0:16:23.520 --> 0:16:25.160 do with the plot? What do you want to do 0:16:25.200 --> 0:16:26.080 with the plot? 0:16:27.120 --> 0:16:27.320 Well? 0:16:27.600 --> 0:16:29.000 I was thinking of selling it. 0:16:29.160 --> 0:16:33.160 Good and sell it. Something's really wrong here, Yeah, something's 0:16:33.160 --> 0:16:36.280 wrong here. I don't understand why they're saying that. And 0:16:36.280 --> 0:16:38.120 you want to ask, wait a minute, why do I 0:16:38.200 --> 0:16:41.680 have to get permission of someone where someone doesn't have 0:16:41.880 --> 0:16:44.800 any any ownership or any control over this. 0:16:46.320 --> 0:16:46.600 Right? 0:16:46.920 --> 0:16:50.200 And I did argue that with them, and they said, 0:16:50.360 --> 0:16:51.400 this is our policy. 0:16:51.640 --> 0:16:53.240 Okay, then you have to Then I think you need 0:16:53.280 --> 0:16:57.240 a lawyer letter. Then you need a lawyer letter, and 0:16:57.320 --> 0:16:58.960 you have a lawyer say, and by the way, my 0:16:59.080 --> 0:17:02.080 question is why not the clerk down the street that 0:17:02.120 --> 0:17:08.120 works at Costco? Do I have to get that permission to? Yeah? 0:17:08.200 --> 0:17:10.240 I mean that doesn't make any sense. Something is really 0:17:10.320 --> 0:17:12.919 weird about that. But let me tell you about family manners. 0:17:14.000 --> 0:17:16.000 You know, when it was time to put my mom 0:17:16.040 --> 0:17:18.200 into an assisted living facility, and a lot of people 0:17:18.240 --> 0:17:20.480 have that issue. I had no idea where to go, 0:17:21.080 --> 0:17:23.840 so I put her in one near my house because 0:17:23.880 --> 0:17:26.480 that was sort of a default, and that one didn't 0:17:26.480 --> 0:17:29.040 work out so well. So I found another one near me, 0:17:29.680 --> 0:17:32.600 and that one barely worked out. I mean just barely. 0:17:33.240 --> 0:17:36.560 So let me tell you about senior living concierges. It's 0:17:36.600 --> 0:17:40.840 about putting your senior loved one into an excellent carrying environment. 0:17:42.000 --> 0:17:45.639 Living concierges will dramatically reduce the amount of time that 0:17:45.680 --> 0:17:49.520 it takes to search, evaluate, determine which would be the 0:17:49.560 --> 0:17:52.320 best facility. Boy, I wish I had that help. And 0:17:52.359 --> 0:17:55.000 it's not uncommon for one child in this case me 0:17:55.240 --> 0:17:58.840 to bear a heavier amount of responsibility, both in time 0:17:59.000 --> 0:18:03.119 and money and sometimes because maybe you live closer to 0:18:03.160 --> 0:18:05.600 a parent or a loved one, or you have more money, 0:18:06.080 --> 0:18:08.680 and so you end up bearing the brunt. And again 0:18:08.760 --> 0:18:11.920 that's what happened to me. And the search can also 0:18:11.960 --> 0:18:15.040 demand time away from your career and your family life, 0:18:15.480 --> 0:18:18.920 and the emotional strain involved cannot be understated. By the way, 0:18:18.920 --> 0:18:21.760 there's absolutely no cost to you for this service. This 0:18:21.880 --> 0:18:25.640 service is free to you, and when the time comes 0:18:26.560 --> 0:18:29.879 to find a facility. Maybe it's now. You will appreciate 0:18:29.920 --> 0:18:33.600 what senior living concierges do. Call eight eight eight two 0:18:33.680 --> 0:18:36.520 three eight sixty nine forty eight eight eight two three 0:18:36.560 --> 0:18:42.760 eight sixty nine forty visit SLC caring dot com. That's 0:18:43.000 --> 0:18:47.560 SLC caring dot com. Eight eight eight two three eight 0:18:47.640 --> 0:18:53.320 sixty nine forty SLC caring dot com. This is Handle 0:18:53.440 --> 0:18:53.960 on the Law. 0:18:54.640 --> 0:18:57.960 You're listening to Bill Handle on demand from KFI. I 0:18:58.160 --> 0:18:59.359 am six forty. 0:19:00.680 --> 0:19:04.040 Hey Fi, A am six forty will handle here. Good 0:19:04.160 --> 0:19:08.320 morning on a Saturday. Last half hour to go until 0:19:08.359 --> 0:19:12.640 eleven o'clock and then I continue on taking phone calls 0:19:12.720 --> 0:19:15.120 off the air. And you can imagine how quickly those go. 0:19:15.640 --> 0:19:18.520 And I do that for thirty forty minutes, however long 0:19:18.560 --> 0:19:21.960 it takes, so everybody's questions get answered. And the phone 0:19:22.040 --> 0:19:24.920 number here as always is eight hundred five two zero 0:19:25.119 --> 0:19:27.280 one five three four. We have a few lines open. 0:19:27.320 --> 0:19:30.119 We're doing pretty good now eight hundred five two zero 0:19:30.520 --> 0:19:35.720 one five three four And welcome back. More Handle on 0:19:36.040 --> 0:19:41.280 the Law, Marginal Legal Advice. Hello Don, welcome to Handle 0:19:41.280 --> 0:19:41.600 on the Law. 0:19:41.680 --> 0:19:45.399 Hey, thanks for taking my call. Bill Listen, I I've 0:19:45.440 --> 0:19:47.760 heard you say this before. I am a piano mover. 0:19:47.880 --> 0:19:50.320 I do long distance moving, and lots of times I 0:19:50.440 --> 0:19:53.080 never have any contact with a person that's actually booking 0:19:53.119 --> 0:19:56.120 the move in pain, and so I always tell them 0:19:56.160 --> 0:19:57.560 because I thought I heard it from you, and I'm 0:19:57.560 --> 0:20:01.119 sure you'll correct me immediately. The a text works as 0:20:01.119 --> 0:20:03.640 a legal contract, as I tell them, you know, they 0:20:03.680 --> 0:20:05.399 send me a text, pick up the pan and with 0:20:05.520 --> 0:20:08.200 this address, deliver it to this address, and we'll pay 0:20:08.200 --> 0:20:09.199 you so much money. 0:20:09.720 --> 0:20:13.880 Yeah, I mean that's there's a contract. Yeah, there's your contract. 0:20:13.920 --> 0:20:15.520 You have to it doesn't have to be a written 0:20:15.560 --> 0:20:17.639 contract where the party of the first part and then 0:20:17.800 --> 0:20:20.159 here's the party of the second part, and whereas and 0:20:20.160 --> 0:20:23.720 then everybody signs it. You have an arrangement. They say, 0:20:23.760 --> 0:20:26.040 I understand, or you pick up the piano, this is 0:20:26.040 --> 0:20:28.280 what I'm going to pay you, and you do exactly 0:20:28.320 --> 0:20:33.160 what's it's there and you have agreed to a an 0:20:33.240 --> 0:20:38.639 action where you you don't need a written contract. That 0:20:38.840 --> 0:20:44.480 is a writing that validity, that validates your contract. So 0:20:44.840 --> 0:20:47.760 they can't say, oh, we didn't have a written contract. 0:20:47.800 --> 0:20:50.960 Now there are some instances where you do that. By law, 0:20:51.040 --> 0:20:53.640 you have to have a written contract. One of them, 0:20:53.640 --> 0:20:57.960 for example, is in the construction business. If you are 0:20:58.119 --> 0:21:02.280 doing X dollars of work. Let's say there's a general 0:21:02.280 --> 0:21:04.720 contractor doing over five hundred dollars worth of work, that 0:21:04.760 --> 0:21:07.840 has to be a written contract. A lawyer, I have 0:21:07.920 --> 0:21:11.240 to have a written contract with you. That's the law. 0:21:11.600 --> 0:21:15.520 But when it comes to general work like that, that's 0:21:15.520 --> 0:21:18.080 that's solid. So what happens is they don't pay you, 0:21:18.160 --> 0:21:22.320 for example, and then you come in and you say, 0:21:22.320 --> 0:21:24.200 and here's your proof. You assume a small claim scort 0:21:24.280 --> 0:21:26.000 for how much did it cost to move a piano? 0:21:26.040 --> 0:21:27.760 By the way, it's been a while since I've moved one. 0:21:28.960 --> 0:21:31.600 Well it it costant, you know, a cheap one of uprights, 0:21:31.600 --> 0:21:33.119 only two to fifty. But I a usually tell the 0:21:33.200 --> 0:21:34.560 US they don't pay me, I'll keep the piano. And 0:21:34.760 --> 0:21:36.200 I wish they would do that most of the time, 0:21:36.200 --> 0:21:37.399 but usually they end up paying me. 0:21:37.960 --> 0:21:40.640 I mean, you can say it, but all right, yeah, 0:21:40.680 --> 0:21:43.080 let's say it's five five hundred dollars. Is not unusual 0:21:43.160 --> 0:21:45.760 to have a piano, correct, Yeah, right, okay, So let's 0:21:45.800 --> 0:21:48.199 say you're moving a piano for five hundred dollars, you 0:21:48.240 --> 0:21:51.679 move it, pursue it to their request if you do this, 0:21:51.800 --> 0:21:53.679 I will pay you. And you do this, what are 0:21:53.680 --> 0:21:57.560 they going to say, we didn't have a writing and 0:21:57.960 --> 0:22:00.240 well there's the there's a proof right there. Yeah, it's 0:22:00.400 --> 0:22:06.479 in those cases, is is it is a legitimate contract. Mike, Hello, Mike, Welcome, 0:22:07.920 --> 0:22:08.400 Hi Bill. 0:22:09.040 --> 0:22:12.240 September of twenty twenty four, I started the process of 0:22:12.320 --> 0:22:14.840 having permanent entries put in where they pull all your 0:22:14.840 --> 0:22:18.000 teeth out with an ural surgeon and alter the process 0:22:18.040 --> 0:22:21.880 of having the teeth the take teeth made I had. 0:22:21.920 --> 0:22:24.680 I was complaining about swollen gums. I mentioned to the 0:22:24.840 --> 0:22:27.199 oral surgeon on a follow up visit and even my 0:22:27.359 --> 0:22:29.560 dentis and follow up visits, and he said sometimes they 0:22:29.600 --> 0:22:31.560 can take up to a year for the numbness to 0:22:31.640 --> 0:22:33.840 go away and the swelling of the tongue and the 0:22:33.880 --> 0:22:37.640 scurring which you're probably hearing. And it still hasn't gone away. 0:22:37.720 --> 0:22:39.520 So I mean, how long has it been? 0:22:39.520 --> 0:22:42.800