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Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for Connecticut on
Q: Can I sue a repair shop/dealership for the entirety of my vehicle due to shotty repairs?

The car has gone into this shop with a full coverage warranty. They would keep the vehicle in their shop for multiple weeks to repair simple things, and return the car with the same problems. This continued over the course of 2-3 years, until the engine failed and was considered totalled. The... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 19, 2021

Unlikely at this point. You'd need an expert to testify that the engine fialed due to what they did and for no other reason. Part of the problem is also you kept taking it back--the law would say some of that's on you, because you didn't want to have a competent mechanic look at it.... Read more »

1 Answer | Asked in Products Liability for Indiana on
Q: I used some hair extensions and the chemicals in it burned my forehead. I’m trying to figure out how I can sue the hair

How can I sue the hair company

Tim Akpinar
Tim Akpinar answered on Jun 19, 2021

An Indiana attorney could advise best, but your post remains open for three weeks. I'm sorry for your injuries. Attorneys who handle such cases often give free initial consults. Unfortunately, such cases can be difficult to prosecute and can involve costly expert testimony. If the injuries... Read more »

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Products Liability for South Carolina on
Q: How can I get out of a malicious injury to property find, if I really didn't mean to do it.
Tim Akpinar
Tim Akpinar answered on Jun 12, 2021

A South Carolina attorney could advise best, but your post remains open for four weeks. With some violations, intent is not a required element. If the standard is malice, negligence, or strict liability (depending on how defined in state penal codes), one's intent might not be important. One... Read more »

1 Answer | Asked in Products Liability for Louisiana on
Q: Is it legal for my girlfriend to get my vehicle towed from the place where we both live because she was mad at me?

I legally still live at her place, and she called the tow company and told them that she didn't know who the vehicle was for.

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

If you legally lived there, and she caused it to be removed she is liable for the costs of recovering it. Whether police will accept a complaint is a different thing. If you have registration showing it was yours for some time, she knew that, then they might.

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Good day, I have a case management hearing and no representation, how likely is it I will be treated fairly for justice?

I was severally injured in a car malfunction due to Auto fraud and product liability. My former attorneys mishandled my case and no one will represent me. I am not giving up on justice. My life will never be the same, my health is getting worse as I suffer physically, emotionally and financially... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Proving malfunction cases is extremely difficult, and be prepared to spend $60,000 or more to obtain experts, have tests done.

It is not enough just to say it happened this way. You need experts to say it happened that way due to a defect in design, manufacture, or the failure of a part,...
Read more »

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Good day, I have a case management hearing and no representation, how likely is it I will be treated fairly for justice?

I was severally injured in a car malfunction due to Auto fraud and product liability. My former attorneys mishandled my case and no one will represent me. I am not giving up on justice. My life will never be the same, my health is getting worse as I suffer physically, emotionally and financially... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You will be treated fairly but no case is self proving. Do you have expert reports? You are required to. As the plaintiff it is your burden of proof.

Do you have a) medical reports and b) a report of a medical expert?

If you are claiming a product case, do you have deposition...
Read more »

1 Answer | Asked in Contracts, Products Liability, Insurance Defense and Small Claims on
Q: I have a weekly contract at motel 6 all of my belongings where taken I'm denied access to the security footage

House keeper just stormed in using the key not identifying herself or anything just stormed in and got startled and closed the door

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Did you report the theft to the police? They can get the footage.

2 Answers | Asked in Products Liability, Identity Theft, Intellectual Property and Small Claims for Nevada on
Q: Social Security Administration lost my passports when sending us back through USPS without insurance. Possible to claim?

I applied for my 3-yr old daughter's social security number for her health insurance. Because of Covid, SSA required us to submit the original copies of her and my passports at their office. Once my daughter was approved of the SSN, the SSA office sent us back the passports through uninsured... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

You should make a report to the post office. Take your copy of that report and make a claim to Social Security. They may want to you reapply for your daughter's passport so they have the copy of the bills. They say no, talk to your congressperson & Senators--each has a staff member to... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Arizona on
Q: I have a small company and I want to manage/invest my clients' money; charing no fees. Are there any legal hurdles?

I want to be able to advertise that I will return a percentage per year on the investment. No fees.

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 9, 2021

It depends on the type of business you have. You will need a license and registration with agencies.

Consult with an attorney.

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Is it possible to file a claim against the manufacturer of my siding because it caused the wood to rot?
Tim Akpinar
Tim Akpinar answered on Jun 6, 2021

A Florida attorney could advise best, but your question remains open for four weeks. It's difficult to say, based on this brief description. If there were underlying conditions in your building that caused the rot, it could be difficult to attribute rot to new siding materials. But that could... Read more »

1 Answer | Asked in Products Liability, Car Accidents, Civil Litigation and Small Claims for Wisconsin on
Q: Who is likely at fault or what is my percentage of fault in the incident I've detailed below, I'm being sued?

I was driving on the right side of road in residential area, following speed limit & initiated decrease in speed to take a left into a driveway to reverse out of to go back the same way I was coming from. There was a car in that driveway. Before ever breeching the threshold line of said... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 3, 2021

A Wisconsin attorney could advise best, but your question remains open for a week. This could be a difficult claim, where certain things could have been done better on both sides. In terms of apportioning liability, that could be a jurisdiction-specific issue based on the comparative negligence... Read more »

1 Answer | Asked in Products Liability for Montana on
Q: I want to design a device that improves two different expired patents. How must it improve to be legal?

Both of these devices used together would drastically improve the function of both devices. Is there a certain point I would have to hit to be considered improved enough? Or does the invention have to be significantly different than both? Thank you

Peter N. Munsing
Peter N. Munsing answered on Jun 2, 2021

you want to refile under patents & trademarks. This topic deals with who is at fault when a product malfunctions or is of an unsafe design and someone is killed or injured.

Patent questions are highly technical, and you need to look for a certified patent attorney and pay for their...
Read more »

1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Texas on
Q: ConsumerAttyCase? 4 Brand new wheels & tires bought & installed 1hr later had blowout wrecked car sustained back injury

Accident on NB IH35 in Hays Cty Tires were bought & installed in San Antonio My car was the only one involved in the accident I was headed home after installation I had a blowout on driverside rear tire which spun me around and I landed against retaining wall smashed into my front passenger... Read more »

Todd Kelly
Todd Kelly answered on Jun 2, 2021

It certainly sounds like you have a valid claim against either Discount Tire, the tire manufacturer, or both. The real question in my mind is whether there were significant injuries from the crash, as these can be expensive cases to pursue.

1 Answer | Asked in Products Liability for Oklahoma on
Q: I had a 9 volt battery sitting by itself in a bowl in my room that spontaneously exploded while I slept

Set my carpet and bed and burned my arm and leg .I doctored wounds at home.how do I go about getting compensation from this incident from battery company?

Tim Akpinar
Tim Akpinar answered on Jun 1, 2021

An Oklahoma attorney could advise best, but your question remains open for two weeks. You could reach out to attorneys who handle such cases and try to arrange a free initial consult. Preserve all the material you have from the explosion. This could be a tough case as a general matter, without... Read more »

2 Answers | Asked in Products Liability and Collections for Michigan on
Q: My brother cosigned for a vehicle

He was summons today for the remaining balance of the vehicle. It was sold after repossession at an auction. I am responsible for the debt and I want to take care of it. He has a family and I don't want to create a financial hardship on him. Can I respond to the summons asking the court to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

He has to respond. He can ask to substitute you, but as you defaulted which is why they are going after him, they may say "naaaah--we want him!"

Now, they may agree to make a payment schedule but before he signs off, is the group coming after him the same people you signed a loan...
Read more »

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Workers' Compensation for Texas on
Q: How to describe pain in body specifically without sounding like a junkie or like I'm reading off a cue card

Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... Read more »

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for New Hampshire on
Q: Case dismissed SOL in Mass Tort. Can I file Product liability in NH where no sol applies for failure to warn.

NH 507-D3

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A New Hampshire attorney could probably advise best here, but your post remains open for four weeks. If you are currently represented by an attorney in the matter, discuss the dismissal in further detail with them. Additionally, since you mention mass tort, those cases sometimes span multiple... Read more »

1 Answer | Asked in Products Liability and Small Claims for Pennsylvania on
Q: I left my chest freezer and all the meat in it back home and the new owner said it was fine to leave there cause its

Winter so no big deal. Plus I left 2 push mowers. I left the freezer on the porch. However I asked if it’d be in her way that I’d take it to the lean tube shed but she said no it’s ok. So I left it there I moved away couldn’t come back to get it for a few months she texted asked when I’m... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You had the duty to get the freezer. Covid would not have prevented you from getting the freezer. I don't see a claim. She isn't required to keep the electric running for you forever. But get a few more answers.

1 Answer | Asked in Business Law, Products Liability and Trademark for Oregon on
Q: Is the word “Witcher” by itself trademarked/copyrighted? Can I use the word to name a business?
Marcos Garciaacosta
Marcos Garciaacosta answered on May 25, 2021

Maybe, it depends

You need to consult with an attorney to review your case and see what risks and options you have

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