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Superfly
04-06-2010, 03:09 AM
hi and thanks

FORKLIFT352
04-06-2010, 06:59 AM
You might get pictures of the area that you were working.......
Get with the fire marshel he would be the only one that would
come close to saying it was foul play.The LEO is not a good "witness" or "expert"
in these matters.


Pay a little money and talk to a lawyer.
The person that is seueing you needs to prove a lot!!!
Ask the lawyer about counter seueing for your damiges!!

Bret4207
04-06-2010, 07:24 AM
You need a lawyer, no question about it. Find a criminal defense attorney, not a "one size fits all".

Wayne Smith
04-06-2010, 07:39 AM
Unfortunately anybody can sue anyone for anything in this society. Fortunately it requires a proof of true loss, proof of cause, and proof of intent. If you are likely to be charged with arson, you need a criminal lawyer. If it is a suite you can counter-sue him for damages - failure to help in an emergency, maintaining an unsafe property, anything you and a creative lawyer can think of.

Your best bet is to lay low and try to keep out of it.

WILCO
04-06-2010, 08:02 AM
Now i hear from a family member that he wants to sue for 30.000 for his losses.


Best advice I can give is this:

TALK TO AN ATTORNEY!
Find one on referral, not out of the phone book.
Stay out of other folks drama!
Stay away from the fire area for good!
Pick new friends to hang around with.

Other peoples $h*! can hurt you emotionally & financially.

Life's too short.

grages
04-06-2010, 09:29 AM
Yes, definitely consult with an attorney.

What follows is opinion and worth what you paid for it.

You paid nothing, its worth nothing. (Standard Shawn Disclaimer)

Many attorneys will give a free consultation or charge you for 30 minutes of time, while expensive, will be cheap in the long run.

Questions I would want to know.

Where you using the equipment or was your friend?
Was there any real damage to the fathers property?

Anyone can sue anybody at anytime for anything, only a judge can determine the merits. Going before a judge without a lawyer is probably a bad thing.

Shawn

FORKLIFT352
04-06-2010, 11:06 AM
.


"Now i hear from a family member that he wants to sue for 30.000 for his losses."

"He wants to sue" and is sueing are two diff. things.


Form your own case....Pics.,reports,testamony.....Soon....if not now.
Then wait.......He has to pay for a lawyer first and then you must be served.
At that time a lawyer should be saut.(If you want to save the 50.00 to 100.)
If you got the 100.00 for a talk with a lawyer then go a head.


If you do your own "ground work" from the get go the lawyer fees will be
lower if thay ever sue.

Char-Gar
04-06-2010, 12:19 PM
I read you post several times and here is what I found. Tell me if I got it wrong.

1. If doesn't seem like arson is an issue. Even if the fire was caused from the bottom of a vehicle in the tall grass, that is accidental and not arson. Arson is an intentional setting of a fire.

2. Can the old man sue you? Well as others said, anybody can sue anybody, but recovering is something else. Far more folks threaten to sue than ever do actually do file a lawsuit.

3. In a civil law suit the question will be whether you and/or your friend started the fire through negligence. The standard definition of negligence is "what would a reasonable prudent person do in the same or similar circumstances. "

4. Who started the fire, you or your friend? If it wasn't you, then you should have no liability. If it was your friend, then it would be an issue for a jury to decide if his actions were negligent under the definition in No. 3 above.

5. At the end of the day, the talk of suing is probably hot air. If the old man goes to a lawyer, he will quickly find out that.

1. No lawyer will take such a shabby case on a contingent fee basis. That means...
2. The old man will have to pony up $250.00 or more per hour, with several thousand dollars up front, for a lawyers time, to file a lawsuit that may or may not yield anything in the end.
3. He probably doesn't have the money or he would not be living under such circumstances.

I know folks who are not familiar with our legal system get all rattled at the mere mention of the possibility of a lawsuit. But, if I were in your shoes, I would not spend much time worrying about the what and if of the situation. " When if and buts become beer and nuts, what a great party we will have". There is plenty of time to worry, if anything materializes which It probably won't.

On a personal note, I would encourage you to pick your friends from a better class of people or don't be so quick to get involved in their messed up lives.

WILCO
04-06-2010, 12:25 PM
on a personal note, i would encourage you to pick your friends from a better class of people or don't be so quick to get involved in their messed up lives.

+1!!! I currently employ the "F & F" system when dealing with folks I associate with every day. Fly straight or F$*% off. It works wonders with dysfunctional decrepit moronic bipolar sociopaths. Life is way too short for drama.

wallenba
04-06-2010, 12:34 PM
Good advice from Chargar.

geargnasher
04-06-2010, 01:51 PM
If the local authorities want to charge you with arson, you need to find out if the DA has you on the "bill". Don't be like most who never discover their indictment until the Constable shows up. Don't discuss any more details with law enforcement unless you have an attorney, what you say to them WILL NOT help you, no matter what you think. It will not vindicate you or convince them to back off.

If you are facing civil charges, well, get yourself an attorney when the time comes, which I don't think is going to happen over this case. I second what Chargar said.

Gear

quasi
04-06-2010, 08:07 PM
Consult a lawyer and Delete your posts on this thread.