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Products Liability Questions & Answers
1 Answer | Asked in Products Liability on
Q: I opened a can of Libby’s peaches and inside is corn my grandson has allergies too corn and I have bought 5 cans of thiu

Do I have a case here

Tim Akpinar
Tim Akpinar
answered on Apr 11, 2022

I hope your grandson is okay and did not eat the corn, unless you meant "corn syrup" that such fruits sometimes come in. If you detected the corn and he did not eat it and there were no damages, it does not seem like there would be a case. But that is only one opinion. You could reach out... Read more »

1 Answer | Asked in Car Accidents, Products Liability, Consumer Law and Small Claims for Georgia on
Q: My car was damaged by an automatic car wash machine. The damage was caused by broken device. Are they negligent?

The attendant said that they are not liable for damage to vehicles over ten years in age. Some solid device smashed into the side of the car and busted the driver's side outside mirror assembly. They even stopped the automatic conveyor machine because they heard the loud "POP" sound... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Apr 8, 2022

If the car wash had warning signs (essentially liability waivers) in reasonable view, then you likely assumed the risk of damage to your vehicle by using the car wash. Thus, the car wash is not liable.

1 Answer | Asked in Contracts and Products Liability for Arizona on
Q: I would like a legal review of a release authorization form I've drafted up.

Looking to have a legal review of a 1-2 page release authorization form I've drafted. Please let me know the best way to send a copy.

Thank you.

Tim Akpinar
Tim Akpinar
answered on Apr 8, 2022

An Arizona attorney could advise best, but your question remains open for two weeks. The format here is limited to general legal questions. It isn't set up to handle review of documents or make attorneys referrals. To have a document reviewed, you could search attorneys on your own or use the... Read more »

1 Answer | Asked in Products Liability for California on
Q: how to consolidate a federal court case with a state county court case in CA?

which court is it to file a motion to consolidate a federal court case with a state county court case in CA?

are both cases after combined to be transferred to one court only?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

The consolidation motion will most likely need to be filed in federal court if the reason for federal jurisdiction still exists (e.g. diversity of citizenship of the parties) after the consolidation. Except in certain circumstances, state courts do not generally have jurisdiction over out-of-state... Read more »

1 Answer | Asked in Legal Malpractice and Products Liability for California on
Q: Do i have a legal malpractice case or a product liability cade?

I fell from a ladder at work, I believed the ladder to be defective due to the way it sprung and tipped over so easy. I hires an attorney and filed a comp claim. I was told by my attorney not to worry about the ladder right now lets focus on the comp case. I need neck surgery which I still have not... Read more »

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

It certainly sounds like you may have a malpractice case against your former attorney for blowing the product liability

statute of limitations, but if the statute has run on the defective ladder case you will not be able to sue the manufacturer/distributor/retailer for the defect.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Real Estate Law for Florida on
Q: I found blood on a napkin from a drive through restaurant and wiped my face with it... what do I do. ??

It wasn't my blood or blood from food. It had to have been from an employee on purpose..

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2022

A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... Read more »

2 Answers | Asked in Estate Planning, Family Law and Products Liability for Georgia on
Q: Elderly mother. POA/medical/financial. Can I sell her house legally and use money to place her in assisted living?

I am her daughter and I've been caring for her for approximately a year I live out of state, and she's not wanting to move with me up to Knoxville because she's 93 years old and bedridden. I'd like to know if I can legally sell the house to pay for an assisted living place for... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Apr 2, 2022

It is not possible to answer your questions without actually reviewing the powers of attorney that you hold. You also would be well served by consulting with an elder law attorney to not only review the powers of attorney but also give you some advice about Medicaid crisis planning.

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1 Answer | Asked in Products Liability for Ohio on
Q: Antenna falls off house and hits a car. Am I liable to pay for a car shop to repair if they don't have insurance?
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2022

An Ohio attorney could answer best, but your question remains open for two weeks. Across the nation in general, the homeowner would usually be liable in such a setting. If you have homeowner's insurance, look into whether the loss would be covered under your policy. Good luck

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Texas on
Q: I was injured by a Razor scooter, caused by a dangerous design issue with the electric drive system. Need help!

I recently suffered a fractured radius (radial head fracture), persistent painful nerve damage, and deep tissue bruising in my arm, and lower leg. (calf/ankle area). I have been treated by the ER, and referred to an orthopedic specialist by my PC. I'm hesitant to go because I'm worried... Read more »

Leroy Scott
Leroy Scott
answered on Apr 1, 2022

Unfortunately, although scooters are fun and convenient, I've seen a number of these claims where riders are thrown from scooters due to various faulty designs. At this point, (and this is probably easier said than done) your top priority should be your health. However, please understand that... Read more »

Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Products Liability for Missouri on
Q: I agreed to a class action settlement. My lawyer has not been in contact with me since I signed settlement 5 month ago.

I agreed to a settlement from a class action lawsuit and have not heard back about distribution of settlement. I have emailed multiple times with no response. They have a secondary call center that told me they have been paid for my settlement, but do not know when I will receive my money. Can... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 27, 2022

Your attorney could advise best, but your question remains open for three weeks. Without seeing the file, it's difficult to say what could be causing the delays. As a general note, large class action suits can be complex and they could involve settlement of fees for experts or other outside... Read more »

1 Answer | Asked in Criminal Law and Products Liability for New Jersey on
Q: I'm the owner of a restaurant I build a storage in the basement area, can the fire inspector make me remove it
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Mar 25, 2022

A lawyer would need to review what exactly you did and then determine whether it complied with the rules and regulations of the town to answer your question. Although it may cost you a few bucks for an attorney to review this for you, it could save you thousands or tens of thousands in fines... Read more »

1 Answer | Asked in Products Liability for Washington on
Q: Do I have case if I had a artificial disc surgery and have not been able to work since 2009 because of the disc itself?

The disc is called the charite artificial disc. I was sold on it that it would fix everything. But it's been mostly lots of pain since I had the surgery and have not been able to work since I had it done. It also needs to come out and I need to get a fusion surgery. The revision surgery is... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2022

A Washington attorney could advise best in accordance with state-specific laws, but your question remains open for two weeks. You describe not being sure of what to do. As a starting point, you could reach out to product liability attorneys to discuss. If they felt you could have the basis for a... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Intellectual Property and Small Claims for Arizona on
Q: Can I sue the company that made these sweatpants for not holding my phone ?? Repeatedly drops out walking up a staircace

Or the phone company ? It’s an iPhone XR and it’s damaged by falling out not more than a causal walk up a staircase.

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Mar 24, 2022

On many legal claims you have to prove that the company did something wrong. Did the company making the sweatpants tell you or market their product as being able to securely hold the iPhone XR without falling out? Is the iPhone XR advertised to be able to securely fit in these particular... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Arbitration / Mediation Law for Colorado on
Q: Bought a home through champion homes. paid for it ,said it would ship in 2 week its been 6 and cant get any help

The broker stopped after the deposit and took $19000 off the top in Feb 2021and stopped working on my behalf, had to go to another dealer for help or to his boss , who is who I dealt with, but there is Money issues that I didn't get credit for said they would sell home if payment wasn't... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Mar 23, 2022

You are buying a modular or manufactured home in Colorado. The law covering this purchase is a combination of contract law for the sale of goods and real estate law. Your purchase should have come with a sales agreement that clearly states the sales price and the delivery date. Even a statement... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Patents (Intellectual Property) on
Q: New idea what is the first thing I Should do?

It's an universal product

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Mar 22, 2022

I give talks to entrepreneurs all the time. One of my slide sets emphasizes that there is no harm from getting in contact with a patent attorney early. But there can be serious consequences to waiting until it is too late to preserve both US and non-US rights.

So reach out to a patent...
Read more »

Q: i past my 30 days, can i still do anything possible to get my money back ? i have proof where it came from

I’m from a different city and did not understand the paperwork. i missed my 30 day limit but i have proof where the money comes from. i can’t afford a lawyer to even get help. i’m also a trucker and could not make the time frame due to not knowing or have to go right back to work to even pay... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Mar 13, 2022

Goodness that is a long Paragraph without making clear whar the question is. Call lawyer.

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: Are all personal injuries as a result of a defective product treated the same when there was a significant injury.

The product in question was examined by an expert and found to be faulty. The hospital bill was over $14,000. Time off work and lost wages total approximately $20,000.

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2022

A Pennsylvania attorney could advise best, but your question remains open for two weeks. Yes, they can be seen as the SAME in terms of the basic underlying legal theories applied. The claimant will need to show that the product was defective. This could mean the product was defectively designed,... Read more »

4 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: If I am pending a litigation case what is the best thing to do
James A Morris Jr.
James A Morris Jr.
answered on Mar 11, 2022

Hire a lawyer experienced in the subject matter of the claim. If it is a bad medical device or pharmaceutical product, hire an experienced and knowledgeable products liability attorney. If it is an auto accident, hire an auto accident lawyer. Regardless, always ask the attorney, when was the last... Read more »

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1 Answer | Asked in Products Liability for Ohio on
Q: I need to see a doctor due to a product injury but can’t afford to pay and don’t know what to do

The brand new power recliner tipped over and threw me on the floor the first time I used it. If I am injured…how do I see a doctor if I have no money

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2022

An Ohio attorney could advise best, but your question remains open for a week. You could reach out to local attorneys to see if it would be possible to arrange a free initial consult to discuss. One option might be public health agencies. Another is that if an attorney identified the basis for a... Read more »

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