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Missouri Products Liability Questions & Answers
1 Answer | Asked in Landlord - Tenant, Personal Injury and Products Liability for Missouri on
Q: Can I sue my landlord for mold exposure after signing renters liability waiver?

Me and my family have been exposed to white black and green mold within our walls. We all have been experiencing different health problems that are consistent with mold exposure. We found out that old mold had been sitting and spreading through our walls before we signed a lease. We found out about... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2022

A Missouri attorney could advise best, but your question remains open for two weeks. I'm sorry for your family's ordeal. Your best option for a meaningful answer to your question would be to try to arrange a free initial consult with a law firm. That's because attorneys would likely... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: I agreed to a class action settlement. My lawyer has not been in contact with me since I signed settlement 5 month ago.

I agreed to a settlement from a class action lawsuit and have not heard back about distribution of settlement. I have emailed multiple times with no response. They have a secondary call center that told me they have been paid for my settlement, but do not know when I will receive my money. Can... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2022

Your attorney could advise best, but your question remains open for three weeks. Without seeing the file, it's difficult to say what could be causing the delays. As a general note, large class action suits can be complex and they could involve settlement of fees for experts or other outside... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: I made a purchase online and canceled it, and received a refund. The company shipped it anyway. Do I return?

The order was canceled and I received a refund. It shows a zero balance for the item. Am I obligated to return the item?

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2022

A Missouri attorney could advise best, but your question remains open for a long time. If you received a refund, then the company is entitled to return of its merchandise. That's a general legal premise nationwide. Good luck

1 Answer | Asked in Products Liability for Missouri on
Q: Can u sue a candy company for getting addicted to candy if it's interfering with your health
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Oct 6, 2021

Anyone can sue anyone for anything. That doesn’t mean you have a viable claim. I don’t believe such a suit would go far but you are free to sue.

1 Answer | Asked in Employment Law and Products Liability for Missouri on
Q: fired, bc I refused to sell penicillin to a woman said she wanted it 4 her son that has bronchitis,labeled animal only

as I was unlocking drug for her,woman said it was for her son with chronic bronchitis. I told her everything we sell in store medical wise is for animals only. She wanted a manager. He without questions gave it to her. I was terminated 2 months later (after Christmas rush) he said she complained I... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Aug 30, 2021

If you believe you were fired for complaining about an unlawful practice then you may file a charge of discrimination with the EEOC at eeoc.gov or with the Missouri Commission of Human Rights at https://labor.mo.gov/mohumanrights/File_Complaint. They will investigate. Although they can sue on... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Wrongful Death and Medical Malpractice for Missouri on
Q: What steps do i need to take to present a wrongful death/medical malpractice/pharmacy liability case to an attorney?

I have done a lot of research on my family's behalf and we all feel that my father was a victim of unethical practice that led to his untimely passing at only 58 years of age. We would like to discuss our situation and hopefully pursue a favorable plan of action to give my father the proper... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2021

A Missouri attorney could advise best, but your post remains open for two weeks. I'm very sorry for your family's loss. In terms of steps you could take, the most productive would be to see if you could set up a consult with a law firm. If you have medical records, those would be helpful.... Read more »

1 Answer | Asked in Civil Litigation, Products Liability, Lemon Law and Small Claims for Missouri on
Q: In MO, purchasing / selling a used vehicle; and responsibilities for each party

PERSON A listed vehicle on Craigslist, with intent to pay off lien. Thursday, Person B purchased used vehicle with cash. Bank(LIEN) paid on Friday with said cash+. B called Sat to back out. What should happen next?

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jun 24, 2021

With limited exceptions, under Missouri law a party to a contract cannot simply change his or her mind. Courts are there to adjudicate contract claims when parties cannot agree and someone files a lawsuit.

Q: Is it illegal to make, possess, and/or sale Paracord crafts such as the monkeys fist.

I've been told something about it is caterized with "Slung-shot devices"

Tim Akpinar
Tim Akpinar
answered on May 22, 2021

A Missouri attorney could answer best, but your question remains open for two weeks. Monkey's fists are illegal in some states, and only a Missouri criminal attorney would be in a position to advise on the law in Missouri. You are correct in what you describe - although the knot was commonly... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: Please help i need to cancel an order of geehii pills from swift breeze fitness, and stop further shipments, this info

Ordered by mistake, thought it was going to be under $7, turned out to be $72, please help me get ahold of swift breeze fitness, they manufactor geehi pills, there is no information on how to cancel an order or to prevent further shipments and chargers, please help i am on disability

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Mar 30, 2021

If you are looking to hire an attorney, use Justia's lawyer search tool and find an attorney near you. Without reviewing the facts and terms and conditions for the transaction, it would be hard for an attorney to determine whether you have the right to cancel the transaction. Missouri law... Read more »

1 Answer | Asked in Products Liability for Missouri on
Q: so i left my truck to be worked on at a Chevy Dealership In sedalia Missouri. and all my tools got stole while there

i made a report before moving my truck. i got it in. started it ater they jump started it and called the police. made the report and then i drove off. about 2 hours later i started to deliver salt to an area an my transmission blew out to.

i called and talked to the manager today and he... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

They are responsible for the truck, so you will want to ask them for the name of their insurance company. You will need to figure out what tools you had, brand name, model number, and pull the costs from online or if you have receipts make copies of them.

Was a complaint filed with the...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: An online store underpriced an item and I bought several, are they able to make me pay more money or give them back?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Nov 2, 2020

An attorney would need to review the terms of sale. Relevant considerations would be the contract terms, which state's laws apply, and whether there was a mutual mistake.

1 Answer | Asked in Products Liability for Missouri on
Q: Recent home fire is believed to be started by my charbroil electric smoker. Should I deal with charbroil directly?

The unit was not being used or turned on but was plugged into a gfci outlet. It was on my patio that is covered. Insurance agent is not returning calls and in the estimate it does not include replacing the unit. The breaker went in the the electric panel. Which leads me to believe the fire was... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2020

You may want to consult with a Missouri attorney before moving forward further. Any advice you receive here would be without the benefit of a detailed review of the situation. If the matter moves to trial, statements made at such fact-finding inquiries could be brought in as admissible evidence.... Read more »

2 Answers | Asked in Civil Litigation, Products Liability, Agricultural Law and Animal / Dog Law for Missouri on
Q: I sold a pup to an individual in FL it shipped to them after it arrived it got sick and passed. Whats my liability?

I have a 10 day no death guarantee. He received the pup on 11/25 he took to the vet 11/30 puppy passed 12/11

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Dec 22, 2019

Sounds like it would depend on when the dog died.

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1 Answer | Asked in Bankruptcy, Consumer Law, Contracts and Products Liability for Missouri on
Q: I've been renting a washer and dryer from Aarons it was 700.00 brand new and ive been paying 78.00 month for 14 months

And now they are tring to take it and day we stole it when i added up at least 1092.00 on a 700.00 bill how is that right please help me out in getting swindled im lower income have 4 daughters just tring to get by

Timothy Denison
Timothy Denison
answered on Feb 8, 2019

You’re going to need a copy of the contract you signed with them to get the right answer.

1 Answer | Asked in Civil Rights, Constitutional Law, Personal Injury and Products Liability for Missouri on
Q: Do I have the right to represent my self in a civil suit .

Just to start before I get a lawyer I want to represent myself and get treated as an attorney, which I will and act upon. I want to obtain records and video from a hospital, a state counseling organization, and a state probation and parole center, this includes all records and vvideo I am involved... Read more »

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Sep 3, 2018

You have the right to represent yourself, but unless you comply with the local court rules, rules of civil procedure, and relevant statutes, you will quickly find the experience to be a frustrating one. It might cost you more in the long run not to have hired a good attorney at the outset.

1 Answer | Asked in Personal Injury and Products Liability for Missouri on
Q: The Defendant filed an answer later that day How will it affect any judgement?
Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 1, 2018

If a judgment has not been entered, the court will likely accept the late answer.

1 Answer | Asked in Personal Injury and Products Liability for Missouri on
Q: The Defendant did not appear for the hearing. The Judge logged my sworn testimony at the hearing, is this default?

The Defendant filed an answer later that day

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Jul 1, 2018

A default judgment is a written order. Hopefully one is forthcoming.

1 Answer | Asked in Products Liability for Missouri on
Q: Do you have to still pay car off if gets repoed

Dealership sold me a lemon and I believe there is a recall

Ronald J. Eisenberg
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Ronald J. Eisenberg
answered on Apr 23, 2018

If the car gets repossessed and sold you may still be sued for the deficiency.

1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: Can a dealership sell a used car in Missouri with faulty airbags without disclosing it?

We just purchased a used car in Missouri from a dealership. Within a couple hours after turning the car on, the light that says airbag failure is on. Is this something that the dealership should have disclosed or that they should have known based on the inspection laws in Missouri?

Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
answered on Apr 3, 2018

The challenge you might face is proving that the dealership knew of the problem and made a misrepresentation to you. If you can prove this, you might have a decent claim under Missouri's consumer fraud statute, the Merchandising Practices Act. Contact a local attorney to discuss.

1 Answer | Asked in Products Liability and Medical Malpractice for Missouri on
Q: I see so many ads for Depakote lawsuits. I took it from 1989-2013. I have a child with spina bifida.

My dad was a vet exposed to agent orange (seems like it may be relevant eventually) . I also knew the risks of the drug (I read the detailed folded up papers attached to the bottles). My dr was liable by not returning my call around the time of conception while titrating off depakote (for seizures)... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Contact a member of the Missouri Trial Lawyers assn who handles drug product liability cases.

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