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Pennsylvania Products Liability Questions & Answers
1 Answer | Asked in Criminal Law and Products Liability for Pennsylvania on
Q: In the state of PA, is it legal to distribute for sale, CBD oil made from industrial hemp with <0.3% THC or zero THC?

Specifically distribute as a health products to regular consumers who do not have a prescription or medical condition. Or are prescriptions only needed for cbd oil made from marijuana and not industrial hemp?

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2018

CBD is legal in Pennsylvania. You can ask the manufacturer for a copy of their certificate showing it is of a strength that makes it legal in Pa.

1 Answer | Asked in Products Liability for Pennsylvania on
Q: Knee Replacement Failure, Zimmer Knee Can a Law suit be filed?

I had a Zimmer knee put in July of 2005. In sept 2, 2014 I had to have it replaced it came loose and I was in terrible pain. I believe this knee was recalled. Do I have any legal recourse to compensation for all the pain, expense and loose of work?

Elizabeth Tarasi
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answered on Aug 13, 2018

Check with this law firm https://www.borrilawfirm.com/zimmer-knee-replacement-lawsuit/

They filed a class action.

1 Answer | Asked in Civil Litigation and Products Liability for Pennsylvania on
Q: I was wondering if i have a case with Dominos for making me wait 3 hours for my food delivery. Also more to story.
Elizabeth Tarasi
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answered on Aug 4, 2018

In a products liability case you need to have a duty, breach of the duty and damages. I’m not sure if pizza delivery gives rise to a duty. What are your damages? You would have to have damages in the six figure area to warrant the expense of litigation.

2 Answers | Asked in Products Liability for Pennsylvania on
Q: Sick after purchase of rug, endoscopy,blood work now and an aids test coming up. Infection in throat. Who is responsible

Returned the rug and was perfectly normal health prior to this,but after rug was bought I began feeling awful in the lungs and throat. Had a routine throat scope to find out there is yeast in my esophagus. Is this just a buyer beware? Or would Ollie’s be responsible for selling rugs with... View More

Elizabeth Tarasi
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answered on Jul 21, 2018

You would have to have the rug you purchased tested to see if it was the cause of your problems. Since you returned the rug you will not be able to test it.

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Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

When I call the attorneys office he never responds to my calls.should I get another attorney?

Elizabeth Tarasi
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answered on Jul 5, 2018

No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

2 Answers | Asked in Contracts, Products Liability and Collections for Pennsylvania on
Q: I bought a car at a buy here pay here, i can't afford it anymore am I responsible for the loan on a voluntary repo?

It's not being reported to any of the credit bureaus. I should also mention its not Bank financed but financed by the owner

Elizabeth Tarasi
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answered on Jun 20, 2018

Yes. They generally reposes the car, sell it at an auction and get what they can for the car and hold you responsible to pay the difference.

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1 Answer | Asked in Consumer Law, Products Liability and Animal / Dog Law for Pennsylvania on
Q: my puppy was almost killed by a toy. can I go after the company for vet bills
Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

If you mean a pet toy, possibly--if you can show it was being used in the manner intended.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Pennsylvania on
Q: Can i sue McDonalds for serving my wife and i raw burgers which we ingested not even thinking it could be raw?

My wife is pregnant and raw meat can literally kill our unborn child. They refunded a portion of our order and replaced the burgers and they were still raw

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 4, 2018

Your question went out to the family law attorneys. You should discuss this with a personal injury attorney. My thoughts are that, unless you actually suffered damages, there are no grounds for a lawsuit, but, as I said, you should check with a personal injury attorney.

1 Answer | Asked in Consumer Law, Products Liability and Energy, Oil and Gas for Pennsylvania on
Q: Judge rules for motion to compel interrogatory response on personal, private matters. How to disobey legally? Defense?

How to properly ask the judge after decision made to reconsider. Other side asking about current health issues and history because we want to opt out of a dangerous smart meter technology.

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

You have to give the responses. You can appeal later.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Appeals / Appellate Law for Pennsylvania on
Q: How should i best handle charges due to U-Haul truck damages that I did not cause?

Dispatch:

- truck was not checked with me by an employee (neglect of standard procedure)

- no damages during trip - not even contact with a tree

- dropped -off that day

- week later charges for 2,000 in damages put on credit card they had on file with not so much as... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 22, 2018

Hope you told your credit card company the amount is in dispute. Did you have witnesses? Find out what they are claiming are the damages--if it's things like undercarriage likely you didn't cause them.

3 Answers | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: I wanted to know if it's normal not to hear from your attorney after about three years since last contact.

Mediation was about three years ago with a large medical device company. Complex litigation personal injury case.

Mark Scoblionko
Mark Scoblionko
answered on Dec 31, 2017

You might want to call him or her and ask what is going on.

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1 Answer | Asked in Products Liability and Consumer Law for Pennsylvania on
Q: An online website gave me wrong author/cited work to use,which I found out. CA I sue them for selling wrong information?

I had ordered a college essay from an online website. When it was emailed to me.I checked for the references that the writer had used.He had put wrong authors name. Before ordering I had called their cust service and was told how high standards they use - review/ quality check before sending to... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

So you want to sue because you wanted to submit someone else's work as yours to a college--this is called plagiarism--and you don't think the author of the work did a good job. First, if the citation was proper but someone made an error in the author's name it's a tad sloppy but... View More

1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for Pennsylvania on
Q: can i sue a seller for shipping a lethal weapon unsafely
Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

You can only sue if something bad happened--an injury. You don't sue because something might have happened. Assuming the weapon got to you safely then I don't see anything . If you were charged because of the shipping issue you would have a defense that you had no control over how it was shipped.

1 Answer | Asked in Consumer Law, Car Accidents and Products Liability for Pennsylvania on
Q: I bought a jeep patriot new in 2014 in march of 2015 I was involved in an accident where a older man pulled out in front

of me as I was going 35-40 mph. there was no airbag deployment I called Chrysler they sent someone to the shop it was in and said there was no problem I traded the vehicle off after the damage was repaired due to being afraid to put my family in it with no airbags today two years later I received a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

If there had been air bag deployment your vehicle may have been totaled anyway--have to add to the damages cost of replacing the airbag(s). Your fear of that didn't make it unusable. Also, if the hit was not dead center or within 7 degrees of top dead center, the airbag may not deploy. So... View More

3 Answers | Asked in Products Liability and Landlord - Tenant for Pennsylvania on
Q: I was trapped in an elevator for three hours, the emergency phone number was not answered, and the alarm did not work

Is there a case here for any damages?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Not unless you can show that this terrible inconvenience has some measure of damage that you can prove.

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3 Answers | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: How would I find cases filed against Zimmer Corp. or Zimmer-Biomet for hip personal injury product liability cases?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

Just type in "zimmer hip replacement lawyers" on Google. Then, pick one of many law firms than handle these cases. All will speak to a potential claimant, at no cost you you.

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1 Answer | Asked in Products Liability, Consumer Law and Contracts for Pennsylvania on
Q: Notery lost title for motorcycle. Anything I can do?

Last year I traded a car for a motorcycle. I had full plans on just selling it so the guy that owned it before signed the title over, at the notery, but I did not put it in my name because I was just going to sell it and didn't want to waste the money. Well I didn't sell it last year.... View More

William C. Head
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answered on Aug 13, 2017

Possibly take a small claims court case, for whether the costs are to verify your ownership, and get a replacement title. This is a big pain in the ass, but you set yourself up for it, by circumventing the law that the document needed to be completely filled out. Plus, you should have taken... View More

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Pennsylvania on
Q: My ex got some furniture from Aarons under my name and ran off with it. I know I'm stuck paying and I have been paying

I never refused to pay however every here and there money from work is short and they just never satisfied. I'm due to 60 a week however I had to skip 2 weeks and today I made a $80 payment I know is not a lot but I'm not refusing my responsibilities. I was a sucka and now I have to pay... View More

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

Why are you paying? If spouse used your name but signed for it, that's something they must have known. Problem is if your payments are considered to be adoption by you of the debt. Suggest you contact the Attorney General office of Consumer Affairs in Harrisburg for starters. Send them a note... View More

Q: Do I have a case against West Penn Power?

I own a house that my son lives in. On June 13th a branch took out the power lines. My neighbors n I called and a couple hours later it was back on. My son never told me they left the line in the yard. Went down today with my boyfriend and saw the line. Instead of removing the branch and lifting... View More

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

If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.

1 Answer | Asked in Contracts, Family Law and Products Liability for Pennsylvania on
Q: I was given a golf cart from a friend, He now wants it back. No paperwork saying he gave it to me or anything.

So the day we got it, we loaded it up & it didn't work at all. We brought it home and got it working and its been running fine (we put money in it) Now he's saying that he just let us use it if we got it fixed and he wants it back. The original plan was if we got it off the property... View More

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

I'd try to work it out if it's a friend. Friends sometimes get petty and you first evaluate what you put in, what he did, what use you got out of it and decide. Generally, there isn' t the presumption of a gift that can happen with family members. If the we is you and he not clear... View More

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