Lawyers, Answer Questions  & Get Points Log In
New York Products Liability Questions & Answers
2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: i need a lawyer who handles claim for Hyundai elantra 2012 in NY or near NY
Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

This would be for a nine year old vehicle and you or they will need expert testimony. Be aware that if it is just for repairs, that will likely not be a case that any attorney will take, and you will have to have a mechanic ready to testify that it was a manufacturing defect that casued the... View More

View More Answers

1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
PREMIUM
John Kiritsis
answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... View More

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
View More

View More Answers

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... View More

View More Answers

1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... View More

2 Answers | Asked in Consumer Law and Products Liability for New York on
Q: Is it legal to sell items like old paint or insect killer spray, which may contain toxic compounds, at a garage sale?
Tim Akpinar
Tim Akpinar
answered on Sep 3, 2020

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... View More

View More Answers

1 Answer | Asked in Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... View More

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
View More

1 Answer | Asked in Business Law, Products Liability and Consumer Law for New York on
Q: Can a business such as an online business, sell a product under an entirely different name than the manufacturer calls

For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2020

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... View More

1 Answer | Asked in Products Liability for New York on
Q: Choking on product found in a packaged meal. Do I have a right to sue company?

Can't eat now and my 6 year old has anxiety since seeing me choke

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2020

I'm sorry for your ordeal. It could be difficult to base a case on these facts alone. If there was any type of medical response involved, and documented injuries, those could serve as evidence of an injury. You could consult with an attorney for a more in-depth opinion. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability and Business Law for New York on
Q: What does “606- Abandoned- No statement of use found” mean. Searching files for UTB talent management.
Gregory Byrnes
Gregory Byrnes
answered on Apr 12, 2020

It means someone filed for the trademark as "intent to use" and there was a failure to complete the registration because a statement of use was never filed. Here is the explanation from the USPTO https://www.uspto.gov/trademarks-application-process/abandoned-applications

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... View More

James Avery
James Avery
answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

1 Answer | Asked in Products Liability for New York on
Q: should I testify for guilty or non guilty for a petit larceny to get an ACD ? (I am a first offender)
Tim Akpinar
Tim Akpinar
answered on Mar 25, 2020

You should present this question to a criminal defense attorney. You are in the Product Liability category, which is about people who are injured by dangerous products. You could find criminal defense attorneys in or near your county listed on this site, or through your own independent searches, or... View More

1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... View More

Tania Maria Williams
PREMIUM
Tania Maria Williams pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... View More

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on
Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing
Peter N. Munsing
answered on Jun 15, 2019

No. But give it back.

View More Answers

2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on
Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... View More

View More Answers

1 Answer | Asked in Criminal Law, Employment Law, Products Liability and Business Law for New York on
Q: Destruction of Property- subcontractors

I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he... View More

V. Jonas Urba
V. Jonas Urba
answered on Mar 8, 2019

How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside... View More

3 Answers | Asked in Products Liability for New York on
Q: I never received a recall notice in the mail and then was injured as a result of not fixing the issue with my car. Can I

still sue over this?

Jason  Turchin
PREMIUM
Jason Turchin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2019

Short answer is that it depends. Often, the recall notice does not impact whether they are responsible. Many states still allow you to bring a claim under product liability law and hold the manufacturer strictly liable. However, there are limitations as to when you can bring a claim, so you should... View More

View More Answers

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Q: Do different types of product defects come with different amounts of damages you're able to recover?
Tim Akpinar
Tim Akpinar
answered on Nov 10, 2018

In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 28, 2018

If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.