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Questions Answered by Peter N. Munsing
1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... Read more »

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

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

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

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... Read more »

1 Answer | Asked in Business Law for Massachusetts on
Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... Read more »

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

If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

1 Answer | Asked in Medical Malpractice and Products Liability for Mississippi on
Q: Medical Malpractice Suit. Hospitalization due to Pulmonary Embolism from birth control prescribed and now on medication.

Now on Blood thinners due to the birth control, still have a Pulmonary Embolis

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

Likely you may have a claim. If you want you may call me to discuss. Understand that the cause is not a slam dunk--many things may cause an embolism. It's not a "fingerprint" occurrence, so rare that it almost proves itself.

If you have any of the wrappers or containers of...
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1 Answer | Asked in Products Liability and Trademark on
Q: How much the cost ?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

You haven't asked a question. If you mean how much does it cost for a trade mark registration, technically you may do it yourself IF you can do all the research necessary. Why not just survey some firms? You can also try services like Legal Zoom.

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.

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

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

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Arizona on
Q: What are my rights as a renter of a vehicle when i notice the companies self insurance is expired?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

you can turn in the rental--and may want to. If you have your own coverage, ask about it from your insurer. However, the big issue is property damage and if you paid for that you want to know you are covered.

1 Answer | Asked in Products Liability, Workers' Compensation and Business Law for Georgia on
Q: I am trying to get information on how to become a self-insured company for Liability lines and workers comp.

looking for info to be self insured for General Liability, workers comp, professional liability, E&O etc

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

You really don't want to go there but your state insurance department would be the best place. You will have to post a bond, and you will be responsible for handling all claims and paying all claims.

Note also some companies doing business with yours may want proof of insurance--and...
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2 Answers | Asked in Products Liability and Workers' Compensation on
Q: Hello Sir, Are you supplying utility blades ( razor )?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

This is a legal answer forum. We do not supply materials.

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2 Answers | Asked in Traffic Tickets for Pennsylvania on
Q: I had an unaware accident last month and charged with duties and stop sign and failure to provide info.

Didn't realize I hit a parked car. Called police as soon as I got home and realized the damage. Crash investigation report states damage to my truck on wrong side, wrong color. Haven't received summary or citations yet but ujs shows filed. Do I have any options ? Can't afford to lose... Read more »

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

I wouldn't focus on the errors on the ticket --sometimes they are relevant, on these it was something you don't really disagree about damage to your vehicle, liklihood of a crash.

Do what you can to make sure the other vehicle is taken care of. Be able to tell the judge that. May...
Read more »

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Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

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

I would say offer to let them inspect it in your presence. You could also call the

Consumer Product Safety Commission.

Do understand you can only claim damages for what did happen, not what could have happened.

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2 Answers | Asked in Products Liability for Minnesota on
Q: Is it illegal to sell an upgraded part for a product that directly competes with a product the company already sells?

I wish to sell a roller brush for a small robot vacuum, however, mine would be made out of rubber and won't need to be replaced. While the company that makes the robot vacuum already sells a brush but it's not made from rubber and needs to be replaced periodically. Is it legal for me to... Read more »

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

There's no problem making an aftermarket fit. However if people experience problems they will look to you.

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1 Answer | Asked in Car Accidents and Domestic Violence for Mississippi on
Q: I parked behind my boyfriend at his job on private property, and blocked him in from leaving.

He reversed and pushed my car out of the way with his car. Then when he was able to get out, he backed up and hit my car again before driving off . I’m not pressing charges & I wasn’t injured, but can the police? I heard them mention something about private property, but also heard them... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

It could be any number of charges.

For starters, for the damage to your car, get estimates and send them to your insurance company.

1 Answer | Asked in Personal Injury for California on
Q: I live across a high school baseball field. If I or my family gets hit by a foul ball can I sue the school?

I live in California. Foul balls land on my driveway, patio, at times hit my house.

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Did you notify the school and ask them to put of a fence? Generally, you have a technical trespass claim, and that would cover any injuries. If its a problem for the neighborhood maybe send a joint letter to the school board and copy your city council representative.

2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: I am a victims of an attack and assaulted at the work place parking lot by another co-worker as I was unlocking my car.

I work a privately own Medical establishment. The owner who is having me come to work Monday 03/01/2021 in a Hostile environment with the Attacker. And refusing to pay me Medical Leave , due to I am Traumatized and need Medical help and I am scared of my Attacker. The Attacker who's worked... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact a member of the texas Trial Lawyers association who handles workers compensation cases in your county. you can discuss with him the options you may have for other claims.

You can also report the assault to the police.

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1 Answer | Asked in Criminal Law for Pennsylvania on
Q: Does theftbydeception apply to a PA Youtuber who took superchat money from people and lied saying it goes to St Jude

If you search Diane's Channel Scam on YouTube you will find many videos on this subject. We estimate the total to be $30,000-60,000. The amount is too low for anyone to prosecute as fraud. Can individuals who gave money press charges in PA for theft by deception if they can prove they gave $50... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Contact the Attorney Generals fraud division.

1 Answer | Asked in Construction Law for Pennsylvania on
Q: A contractor completed shoddy work, said he’d fix it and hasn’t spoken to me since that verbal promise. Civil suit?

I hired Bella Concepts Remodeling to do work in a bathroom. The shoddy workmanship resulted in a pinched gasket and leaks, which subsequently saturated/rotted the floor underneath linoleum. When I reached out to the contractor, a year and a half after the work was completed, he rushed out, told me... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Get an estimate of the cost of repair. Ask him to pay. If he doesn't, take him to small claims court.

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: I purchase a dog from a lancasterpuppies breeder, my puppy died within 2 weeks and she was euthanized for a sum of $1500

I purchase a dog from a lancasterpuppies breeder, my puppy died within 2 weeks and she was euthanized for a sum of $1500. Is the breeder liable for the $1500 as well as my refund for my puppy? I have looked at the laws and I can't find anything specifically that says they are liable.

Peter N. Munsing
Peter N. Munsing answered on Feb 28, 2021

Did the breeder have some type of money back guarantee? Do you know what the puppy died of? Unless you know the cause of death, you can't say it was their problem. If the vet can give you a cause of death, and says it likely was present when the breeder sold you the pup, you can then make a... Read more »

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