Lawyers, Answer Questions  & Get Points Log In
North Carolina Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for North Carolina on
Q: I purchased a large quantity of liquid screen protector, and the product does not work. Do I have a right to return it?

I purchased ~$6k worth of the product, and subsequently found that it does not provide the protection that the manufacturer (a North Carolina entity) claimed. They have ignored my request to return the product, but I cannot sell something that I know doesn't work. In light of their refusal to... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 7, 2017

Breach of express and implied warranties or if you talked to them, warranties of fitness for a particular person. If you purchased because they advertised over there, you may be able to sue over there. Otherwise, you have to come here. You don't get travel expenses.

1 Answer | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: Car towed from in front of my home without notice and damaged. What can I do?

I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.

File a complaint with the HOA.

1 Answer | Asked in Criminal Law, Family Law, Products Liability and Intellectual Property for North Carolina on
Q: How long does it take in the court system in North Carolina to get detailed text messages from a cell phone?

My mother is trying to look up all my messages with a co worker

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2017

You question makes no sense - the Court does not do what you are asking about. Are you saying your mother has subpoenaed your your cell phone records as part of a current court action and you are wondering how long it will take for her to receive them? If so - assuming the cell phone company... View More

1 Answer | Asked in Products Liability for North Carolina on
Q: Drug injury, miscarriage, & premature baby due to Haldol. How do I find a lawyer? Used NC Bar & no one will take it.
Peter N. Munsing
Peter N. Munsing
answered on Oct 26, 2016

Look at my discussion on the posts about xarelto.In addition to those facts, understand that birth cases are extremely difficult when the fallout is health issues that can occur without any adverse reaction--you can have a premature baby, miscarriage with no drug being involved. To try to prove it... View More

2 Answers | Asked in Products Liability for North Carolina on
Q: Is there any additional monies other than pain and suffering with medical bills when dealing with strict liability claim

When I contacted the company and told them I know I didn't suffering massive injuries other than cut up mouth and MD appt. to get the bone out of my throat,but I was more lending to the fact they meet all the criteria for the stirct liability claim

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2016

not sure what you are asking. If what you mean is just for having a product claim do you get something--no. You get money for your pain and suffering --significant--and your medical bills, and any future problems a doctor says you will have, and any wage loss. If you mean do you get punitive... View More

View More Answers

1 Answer | Asked in Civil Litigation and Products Liability for North Carolina on
Q: I was eating porkskins from a well known company,I "choked on a piece of bone cut the roof of my mouth,cut my tongue

and got a piece stuck in my tonsil that was removed by MD.The company stated to me there is no way what was in the bag was a "bone"So I had UNC Hosp. do a exam and Yes it was a "bone" I had a large and small piece.The company wants me to settle for 500$ since my injuries were... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

check with a couple of members of the NC Assn for Justice--they give free consults. The company may be right--that the problem is with their supplier--but it's their supplier. The law says there is a high degree of responsibility--strict liability --for food. It's on them. They should be... View More

1 Answer | Asked in Products Liability, Collections and Consumer Law for North Carolina on
Q: How do my mom avoid getting.sued by rffc finanical? My mom is on disability and can no longer afford the payments

The.company plan on suing her for the money but she doesnt have it. We offered to give them back their product but they refuse to take it. We keep getting phone calls from a lawyer who has not provided us his name but is always threatening my mom. What should we do

Peter N. Munsing
Peter N. Munsing
answered on Aug 18, 2016

First, if he calls write down what he says, as exactly as you can, the time and day. i'm not sure what the product is.

If she is judgment proof with a bit of advice she really doesn't have anything to really worry about. Try contacting a consumer attorney through www.naca.net.As...
View More

1 Answer | Asked in Personal Injury and Products Liability for North Carolina on
Q: Is this legal justification to sue?

I was boiling water in a pan last night. I just bought a new cheap cookware set a while ago. I was making some tea before going to bed. However, when I lifted up the pot, the handle was to hot for me to lift up. It had caused me to reactively drop it quickly. Though luckily the pot didn't fall... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

You can send your medical bills to the manufacturer but don't hold your breath. File a complaint with the CPSC. However, high heat safe means that it won't melt, not that it won't get so hot that you don't need a kitchen mit to handle.

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on
Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?
Peter N. Munsing
Peter N. Munsing
answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.

1 Answer | Asked in Products Liability for North Carolina on
Q: My wife went to Bojangles to get a sweet tea and when she took the lid off she found a plastic bag inside her cup.

They told her it was an accident and it happens all the time. Does she have a case?

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

If she didn't get sick, not much of one if she drank. If she didn't drink no. You are only compensated for injuries you received, not what could have happend. "eeeeeew" factor isn't compensible. Foreign object is a violation of food acts, but again not much happened so not worth much.

1 Answer | Asked in Consumer Law, Products Liability and Contracts for North Carolina on
Q: I have a question about a invoice paid and a warranty.

I paid an invoice to have a 12 mil liner installed under my newly constructed house. Now I have determined that i did not receive the product that I paid for. Also the warranty that I have in hand from the company shows a 15 yr warranty on the liner installed to be free from holes and tears and to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 21, 2016

This is actually a contracts issue. You have a few options on that. One, contact the company that installed the product and see what they will do for you. If they do not make good, you could contact the manufacturer (assuming they are different companies) and make a complaint with them. You could... View More

1 Answer | Asked in Lemon Law and Products Liability for North Carolina on
Q: Is a dealer allowed to sell a car with a fraudulent inspection? Can I sue for them to fix the items that wouldn't pass?

I bought a van a month ago and took it just yesterday to have to oil changed. I found out the the powersteering boot was ripped open and leaking, among other problems. According to the service department at Toyota, the van should not have passed inspection. If this is true, is the dealership I... View More

Adam Studnicki
Adam Studnicki
answered on Feb 16, 2016

You might have a claim, but more info is needed. Talk to a local lawyer. A strong letter from a lawyer might help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work...
View More

1 Answer | Asked in Products Liability for North Carolina on
Q: Do child restraint seats have an expiration date?
Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

They are typically age-specific.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem...
View More

1 Answer | Asked in Products Liability for North Carolina on
Q: I purchased a home 3 months ago. The in-ground pool has a leak. Does the previous owner have any responsibility?
Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

You can ask real estate lawyer to review the contracts and disclosures.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
View More

1 Answer | Asked in Consumer Law, Family Law, Products Liability and Real Estate Law for North Carolina on
Q: If there are no legal papers saying I am responsible for mortgage payments while my ex still lives in the home ?

She wanted the house over o u r son but still sees him I've given her $ for the payments 7 to be exact & she blew it on drugs and says I'm still responsible for future and past payments. I don't want to pay anymore what should I do?

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Look at the mortgage, it probably says that you are responsible to make payments. Was there a divorce? That may not say that you do not have to make the payments, and you cannot just change that mortgage unilaterally without the mortgage company's approval. In other words, you are most likely... View More

1 Answer | Asked in Products Liability for North Carolina on
Q: Do I have case ? Aye moldy chocolate

I just found mold on the bottom of chocolate bar I ate soon as I seen it I stopped and put it down and immediately took

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 22, 2015

It depends on whether you were injured. Did you seek medical attention? And you should, of course preserve all evidence, including the chocolate bar, the wrapper, and proof of purchase.

But unless you experienced serious medical effects, it is doubtful that you have any sort of a case.

1 Answer | Asked in Products Liability for North Carolina on
Q: What can be the defense of a manufacturer against product liability?

If minors use a product (e.g., a basic/simple product such as a pail, bucket) without any parental supervision and they suffered physical injuries (e.g., carrying the bucket full of water in an inclined plane, and lost balance then fell) from using such product, can the minors actually sue the... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Dec 22, 2010

Defenses in product liability cases can range from misuse of the product by the injured party, to assumption of risk or that the product had been altered in a dangerous way by a third party since it was put into the stream of commerce. The defendant manufacturer would also attempt to prove that the... View More

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.