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Florida Products Liability Questions & Answers
1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Florida on
Q: Do I have a case against the medical company who made a product that has caused chronic pain and 2 surgeries this year?

After having complications and surgery from the mesh for my bladder my doctor used a product called macroplastique (Pfizer ) which is a filler that is supposed to last forever. Afew years I started having constant pain and bleeding, which at first the dr thought were bladder infections and kidney... View More

Tim Akpinar
Tim Akpinar
answered on Dec 30, 2021

A Florida attorney could advise most meaningfully with regard to state law elements, but your post remains open for two weeks. But as a general matter, it could be difficult for an attorney in ANY jurisdiction to advise based on these facts alone, despite your description offering meaningful facts.... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

1 Answer | Asked in Products Liability and Business Law for Florida on
Q: Can a licensed esthetician in Florida preform teeth whitening services if certified?
Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2021

You need to call your licensing board and ask.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... View More

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2 Answers | Asked in Products Liability for Florida on
Q: Question about limiting liability for an Ecom product.

We have a product that we would like dropship from a supplier here in the US. The product is a 20ft aluminum flagpole kit. The question is, are we going to be liable for any damages incurred from the use of the product? If so, what would be the best way or ways to protect ourselves? We're... View More

Linda Liang
Linda Liang
answered on Nov 15, 2021

This is a product liability question. Vendors and manufacturers have joint and several liability when it comes to damage caused by the products. That is to say, you, as the supplier, will stay liable for your product after you have shipped them. The only way to avoid product liability is to make... View More

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1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Options for kitchen cabinet delivery without notification, just dropped and left outside for 2 days in rain-damaged

Hello,

I ordered kitchen cabinets online from a dealer in another state. The first delivery (of 2) was supposed to be delivered with prior notice to my contractor. The freight company just dropped the pallets in front of the garage where they stayed for 2 days in constant rain. Nobody was... View More

Linda Liang
Linda Liang
answered on Nov 1, 2021

It's clearly a negligence case. Meaning it is common sense that someone should be notified right away considering the possible rain. You should hire an attorney to write a demand letter.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Does the Truth in Lending Mean I don’t have to make a down payment on a car
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 21, 2021

No. "Truth in Lending" is a well-used financial phrase used to remind people that the government requires lenders to disclose all the interest, fees and other costs related to each lending transaction.

However, it does not apply to every kind of lender there is out there; for...
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1 Answer | Asked in Products Liability and Small Claims for Florida on
Q: How do i find a lawyer in jax
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Look in the yellow pages. Lawyers tend to be listed by areas of focus.

2 Answers | Asked in Products Liability and Admiralty / Maritime for Florida on
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank

Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2021

And what is your question?

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Q: What are my legal options for fair business practices when replacing multiple failed transmissions?

I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... View More

Linda Liang
Linda Liang
answered on Jul 5, 2021

You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.

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... View More

2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 22, 2021

You should hire an attorney licensed in the state where the probate case is. Theoretically you could find an attorney near you who is also licensed in the state where the probate is. For example, I live and work in Tennessee and am also licensed in Arizona and California and three other states.

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1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Does nicotine in the form of lozenges cause tooth decay when used long-term?
Charles M.  Baron
Charles M. Baron
answered on Apr 11, 2021

You have sent your inquiry to the wrong forum. This is a legal forum, not a medical one. Try googling for on-line medical or health forums.

1 Answer | Asked in Products Liability for Florida on
Q: Is it possible to sue a large hotel chain for housekeeping negligence and not sanitizing for covid?

I have videos and pictures of blood, urine and other horrific things found in my room upon checkin, but didnt know if this is enough to pursue a lawsuit. I also have receipts of having to purchase my own bedding and linen because they had none.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 7, 2021

You can't sue for negligence if you cannot prove damages. The only damage I see is the price of the room. You should have protested when you got to the room.

1 Answer | Asked in Products Liability and Wrongful Death for Florida on
Q: A large amount of employees died from cancer. They all worked at a chemical plant. What type of claim would this be?

How to go about pursuing it?

Michael  Mayoral
Michael Mayoral
answered on Apr 7, 2021

This type of claim is known as a "toxic tort", which is essentially a legal claim for harm (disease) caused by exposure to a dangerous substance, such as a chemical. The claim would potentially be against the employer, the manufacturer of the product that is causing people cancer, and... View More

1 Answer | Asked in Products Liability for Florida on
Q: I found a dinner knife in a diaper bag,can this be a case to sue them?

The plastic bag where the diapers are is closed doesn’t look that the bag was ever opened from someone and that somebody could put a knife inside. A really strange thing to find a knife in a diaper bag.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2021

Sue who for what? Were you or someone else damaged by this?

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
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Kevin E. Flynn
answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... View More

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Im a senior citizen Bought an HVAC for $5k. its never worked. 12 year warranty but dlr installer, mfg or dist wont back

I have all documentation and proof from point of purchase to defect determination. Unit has never worked and the installer/dealer won't fix or replace. There is a valid 12 year warranty but, no one from the manufacturer on down, will acknowledge responsibility. I am 63 (senior in FL) and no... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

Contact the Florida Attorney General's Consumer Affairs Office. If the unit was paid for through a program that program should be notified .

You have a right to sue them and can sue them in small claims court.

1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... View More

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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