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Ohio Products Liability Questions & Answers
1 Answer | Asked in Personal Injury and Products Liability for Ohio on
Q: Would I have a case for swallowing a clear piece of broken plastic fork? Making a hole/tear in esophagus, sever sepsis

I swallowed a broken piece of a clear plastic fork. Being that the fork was clear. I could not see the broken piece in the bowl of spaghetti sauce. It caused a tear and hole in my esophagus. Which then caused severe sepsis. I spent 19 days in the hospital. Had 2 surgeries in 4 days that saved my... Read more »

Andrew Popp
Andrew Popp answered on Jul 7, 2021

It's difficult to say. I think it unlikely that the fact that the fork was translucent will support a viable cause of action. There may have been other issues in the manufacturing process whereby the fork was not as sturdy as it should be. It could also be a QA issue. For a clearer answer... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Ohio on
Q: My/plaintiff's case is in settlement phase. Can my friend be present for moral support during my mtg w/ my lawyer only?
Andrew Popp
Andrew Popp answered on May 3, 2021

Yes. You can have whomever you like along with you for the meeting with your attorney. The lawyer may want you to acknowledge that you are waiving attorney client privilege for subjects discussed at the meeting.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: I am going to resell frozen cheese sticks that I bought on amazon. Are there any things I could get in trouble for?

I contacted the seller and they said I am allowed to resell them and I will put a warning label on the package stating that there is dry ice inside but should there be any other things I should be concerned about legally? I don want to be sued or get in trouble so could you state some precautions... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there is a problem you can bet people will look at you. Check with your state health department/department of agriculture. You may be required to have certain licenses and refridgeration if you are going to sell frozen food products, particularly meats.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: What legal rights do I have if I wake up in a medical facility with another patient's blood on me?
Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Assuming they did not get your consent to a transfustion, you technically have a claim for battery. However there are many legal issues, and you should 1) not ask or tell medstaff you are thinking of a claim but ask general open ended questions if you are asking them , 2) get legal advice from a... Read more »

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Products Liability for Ohio on
Q: Am I legally required to respond to a liability claim from a rental company
Tim Akpinar
Tim Akpinar answered on Oct 3, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. If it involves a claim against you stemming from a motor vehicle accident, one option is to determine if your insurance carrier covers the loss or provides a defense. The description here is brief - based on what... Read more »

1 Answer | Asked in Products Liability, Collections and Insurance Defense for Ohio on
Q: Am I required to talk with rental co. for a liability claim investigation? They're wanting to know if I had insurance
Tim Akpinar
Tim Akpinar answered on Oct 2, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. It could depend on your capacity and role in the matter. If you are insured by a carrier, you may want to consult with their examiner or attorney for guidance. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for Ohio on
Q: Are you legally required to send a product back if asked?

lets say that Company A messed up a product, the value of the product is around $1750, they admitted that the product was not correctly manufactured over the phone, and they said that they would re-manufacture the product and send the correct product back to me in about 5 weeks, they also mentioned... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 12, 2020

An Ohio attorney could advise best, but your post remains open for a week. As a GENERAL premise in such situations, the manufacturer/retailer generally enjoys an opportunity to remedy or replace the goods, and the buyer is generally required to cooperate with manufacturer's requests for return... Read more »

1 Answer | Asked in Civil Litigation and Products Liability for Ohio on
Q: If I have liability insurance in Ohio does it cover the other drivers vehicle if they are found at fault?

The other driver was found at fault by his insurance company, his insurance company paid for the damages to my car, but now he is trying to sue me because my insurance company refused to pay for his damages due to it being his fault

Matthew S Flemming
Matthew S Flemming answered on Aug 7, 2020

Notify your insurer about the suit so that it will defend you. If he was at fault, you are not responsible for causing his damages, he was.

1 Answer | Asked in Products Liability for Ohio on
Q: Is it legal for an insurance company to give you liability insurance when you have a loan out on a car?

A friend hit a deer and only had liability insurance, but everyone we talk to says that she shouldn’t have even had the option to get liability when she had a loan on the car. My question is, is there grounds for a lawsuit since she was given liability insurance with an active loan? I know this... Read more »

Matthew Williams
Matthew Williams answered on Jun 19, 2020

You have to have liability insurance. That’s the law. So of course the insurance company can sell it.

1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... Read more »

Matthew Williams
Matthew Williams answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Ohio on
Q: I filed a complaint against a Chipotle rest. & they won on summary judgment can I now go back & try sue the supplier?

I got injured after choking on a bone found in my chicken burrito bowl while driving

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 5, 2020

You are likely barred from bringing a claim against the supplier because you did not include them in the first lawsuit. Ohio litigants are required to sue all necessary parties to a suit. If they don't, then future cases can be barred. This is to encourage efficient litigation and discourage... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on
Q: I purchased a instrumental directly from a seller and agreed to take the instrumental down off of YouTube and it‘s not

I purchased a instrumental directly from a seller. I found the instrumental on YouTube and contacted the person who made it. He doesn’t sell through a trusted site because he said it takes a good portion from his sales and does it directly. He also informed me that he will take it down from... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 30, 2019

It sounds like the real reason the seller does not use trusted sites to market his stuff is because he can sell the same stuff over and over and over to many trusting people like you if he uses his own site to bilk unsuspecting people. You might want to hire a lawyer to investigate this dude and... Read more »

1 Answer | Asked in Contracts, Employment Law and Products Liability for Ohio on
Q: If I'm forced to sign a document is the employer required to give me a copy.

Truck driver, receiver has a document upon arrival, they walk around the semi trailer, marking any damage on the trailer before they let you drop the trailer, they make you sign the document before you can leave it and they refuse to give you a copy.. if you dont sign they will not let you on the... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 26, 2019

You can't make them give you a copy. Can you take a photo of the document with your phone? If not, take photos of any damage to the trailer that they note on the document and simultaneously make your own written record of the damage they are writing down.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on
Q: Can a dealership knowingly sell a truck with under rated tires on it and hide this by dangerously over inflating them?

I purchased a used truck (2015 F-250 Super Duty) from 3/6. 3/22 the tire pressure low light came on.

The air pressure recommendations on the door placard of the truck recommended 80psi rear and 65 front.

I checked the max pressure on the tire sidewall and immediately noticed the... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 10, 2019

A starting point could be to bring the underrated tires to the attention of the dealership. If they agree to the issue you raise and are willing to work with you to remedy the problem, that might be the most cost-effective solution.

Tim Akpinar

1 Answer | Asked in Contracts, Products Liability and Landlord - Tenant for Ohio on
Q: Recharging after itemized list and paid in full.

So, I moved out of my apartment mid December 15th and received a itemized list of the charges and I paid in full end of the month December. Mid February my friend in the apartment told me they replaced the carpet. Can they recharge me again after 30 Days from when I moved out? Also, can they charge... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 6, 2018

The landlord can send you a bill. Nothing prohibits that. If you don't pay, they can sue you. Nothing prohibits that either. If they sue, the court will determine if you have any legal obligation to pay it.

1 Answer | Asked in Personal Injury and Products Liability for Ohio on
Q: My young son was injured bcuz of a product made specifically 4 kids his age. Do i have a case? Details below.

to know if i have a case or not... i purchased a car bed for my 3yr old, made by a company that specifically makes various toddler/kids products. This particular toddler bed is designed in a way that can & has caused serious injuries to young children. The specific design has an open "moon... Read more »

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

Contact a member of the Ohio Assn for Justice who handles product cases.--they give free consults.

1 Answer | Asked in Employment Law and Products Liability for Ohio on
Q: If you leave your coat in the locked employee break room and someone steals it what kind of trouble can they get in?

While I was at a bar my friend works at she told me I could put my coat in the break room because the door would be locked and no one except employees could get in there. A couple days later I was informed my coat had been stolen and management wasn’t doing anything about it. I contacted the... Read more »

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

File a report with the police.

2 Answers | Asked in Products Liability and Car Accidents for Ohio on
Q: I'm 17 and was t-boned at an intersection. They argued that my light was red and my fault. What might be court results?
Matthew Williams
Matthew Williams answered on Dec 7, 2017

The court could determine you were not at fault, or it could determine you were at fault. If it determines you were at fault, you face a likely license suspension, fines, and driving school.

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