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Minnesota Products Liability Questions & Answers
1 Answer | Asked in Products Liability and Lemon Law for Minnesota on
Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year

I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again

Robert Kane
Robert Kane
answered on Jul 24, 2023

Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements.

Allowing an attorney to evaluate, organize and draft...
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1 Answer | Asked in Products Liability for Minnesota on
Q: If someone hit another person with a golf club in the leg and then the person who was hit ends fighting them

the person who hit the guy with a golf club ended up breaking his chain, would the person who was hit by the golf club and started the fight be entitled to paying for the chain

Robert Kane
Robert Kane
answered on May 20, 2023

If someone hits another person with a golf club in the leg it seems reasonable he would be responsible for the medical expenses. Without more information, I don't know how the fight would affect the case.

2 Answers | Asked in Products Liability, Traffic Tickets and Consumer Law for Minnesota on
Q: dealership processed a transaction for a vehicle in my name without consent I found out because of a ticket on the car
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 10, 2023

There isn't really a question here. Plus it is not a products liability issue. I'd suggest reaching out to some consumer protection folks directly to deal with this issue.

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1 Answer | Asked in Products Liability and Patents (Intellectual Property) for Minnesota on
Q: I have an idea for an invention and I've talked to companies about it I do not have a patent but I don't want it stolen

I can't afford a lawyer was looking for a one pro bono seems to be none in St Paul Minneapolis area how do I do this myself or can I

Erik Špila
Erik Špila
answered on Aug 22, 2022

Dear Mrs or Mr,

if you want to be more sure that your invention will not be stolen, there is an option to sign non-disclosure agreement with your business partner/company you are talking to about your idea. Always inform such company that you insist on signing this before you talk about...
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3 Answers | Asked in Patents (Intellectual Property) and Products Liability for Minnesota on
Q: Patent 7803360 protects a product that is degradable underwater.

Does this mean that no one is never allowed to make a bio degradeble lure other than this company? If one would be able to create something, they wouldn't be able to sell it? Not quite sure I understand how this patent works. Or is the patent designed to protect their formula, meaning if one... View More

Carl Massey Jr
Carl Massey Jr
answered on Dec 8, 2021

To understand what exclusive right is possessed by the patent owner, it is necessary to read the claims of the patent. The patent only provides the exclusive right to practice what is specified in the claims. Claims 1, 21, and 22 in this patent are independent claims. Unless a possible infringer... View More

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1 Answer | Asked in Products Liability for Minnesota on
Q: Bloody fluid bandage in fast food bag while eating. PE cond including SLE and had open mouth sores. Was Cont by ins adj.

I of course informed the local store and filed a complaint with corporate. The manager contacted me to tell me he found no evidence of an injured employee. But today an insurance adjuster for the food chain contacted me. While speaking of my concern due to a number of pec including an immune system... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2021

A Minnesota attorney could advise best, but your question remains open for two weeks. As a starting point, you could ask them if they would recognize your position if you provided a physician's note or narrative. You could also reach out to a Minnesota attorney to discuss in greater detail.... View More

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... View More

William Bailey
William Bailey
answered on Mar 1, 2021

I don't see why this would be an issue. If you've used some of their product to create your own, this is a different situation.

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1 Answer | Asked in Products Liability for Minnesota on
Q: Sneaky advertising listed on Aldi's Earthly Grains "Ready to Serve Rice". Upset & deceived!

Hi, it appears that consumers are being deceived, including myself, by the purity/freshness of the Earthly Grains "Ready to Serve" microwave squeeze pouches. The front label listing & instructions indicate that it "Cooks in 90 seconds", when in fact the contents have... View More

William Bailey
William Bailey
answered on Dec 16, 2020

Do you have a specific question? I am assuming you are wondering if you can sue them. What are your damages? As a general rule if you cannot sue damages, a lawsuit would not be successful.

1 Answer | Asked in Products Liability for Minnesota on
Q: I found a hair in my banquet spaghetti and meatballs microwave meal made by ConAgra foods. Can I sue them?

I am 52-year-old male with COPD who has spent thousands of dollars to self quarantine during this time of COVID-19. Now I feel violated after finding a hair from who knows what person that has who knows what. It was in my mouth. And I did save it, and also took pictures

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2020

A Minnesota attorney could advise best, but you await a response for a week. I'm sorry for your ordeal, but I believe your case could be a difficult one. Without tangible damages of permanence or a significant duration that are clear-cut to a jury, law firms could be reluctant to contemplate... View More

1 Answer | Asked in Libel & Slander and Products Liability for Minnesota on
Q: What happened if someone steal your car part

I have the picture of my car part and I know the person who take my car part

William Bailey
William Bailey
answered on Aug 11, 2020

If you have evidence of a crime and know who committed the crime, it would be a good idea to contact the police so that they can pursue criminal charges and if the person is convicted, you could get restitution for the value of the stolen part.

1 Answer | Asked in Personal Injury and Products Liability for Minnesota on
Q: Can I sue I bit into a bone from a nugget from McDonald's it broke my tooth
Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Contact a member of the Minn. Assn for Justice--they give free consults. A lot depends on where the tooth is--and if it had a crack before.

1 Answer | Asked in Personal Injury and Products Liability for Minnesota on
Q: Can I sue I bit into a bone from a nugget from McDonald's it broke my tooth
D. Patrick McCullough
D. Patrick McCullough
answered on Mar 16, 2018

Yes, and perhaps you will not have to sue and just settle out of court. Of course McDonalds may contest what happened and if so it is your burden to prove that is how you broke your tooth. You should consult an atty to help you.

1 Answer | Asked in Products Liability for Minnesota on
Q: I invented trash bag with one way breathable turtleneck that eliminates air pockets.

Help me win.

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

Win what? You want to patent it? You need to at least get the advice of a patent attorney. You then need to work out a business plan.

1 Answer | Asked in Medical Malpractice and Products Liability for Minnesota on
Q: I have been on medication and have receding gums from it. The company doesn't list it as a side effect. Do I have case?

I am only 24 and have always had perfect oral health and have nwver had a cavity or any other oral problems before this medication. I researched and found hundreds of other people filing lawsuits for the company not listing this as a side effect. It has greatly effected my life and if I would have... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 13, 2017

First you would have to show that it was the medicine and nothing else that caused receeding gums, which can come from a number of factors. This is extremely difficult to prove. Either way you need to see an endodontist, so why not let them tell you what they think caused it.

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Internet Law for Minnesota on
Q: I joined an online course to create 'lead generation' web pages. The idea is to rent the webpage to local companies.

I have heard that if I create a web page for a licensed business, say an auto repair business or a limo service I must either have a license for that industry OR I must have a disclaimer saying "This is a third party webpage" otherwise I can get fined by some federal agency. Is this true... View More

Peter N. Munsing
Peter N. Munsing
answered on Oct 26, 2016

I'm unaware of any federal rule that says you, the creator has to do something. Many web services work off of templates. However you could have liability if you are viewed as enabling a business that is fraudulent. You may want to learn the business and reframe it to avoid issues.

1 Answer | Asked in Products Liability for Minnesota on
Q: How long does a plantif have to respond to the filing of a products liability suit?
David E Schreiber
David E Schreiber
answered on Mar 19, 2011

Your question is unclear. The plaintiff is the party that files the suit. The defendant must then respond. Typically, in federal court, the defendant has 20 days to file an answer to the complaint.

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