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New Jersey Products Liability Questions & Answers
1 Answer | Asked in Criminal Law, Products Liability and Wrongful Death for New Jersey on
Q: does a mother or a child of a gun victim has a legal recourse?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 14, 2018

The easiest recourse is against the person who used the gun, but generally they don't have any money to pay you. That being said you don't know until you try and other parties may have also been responsible.

1 Answer | Asked in Products Liability and Car Accidents for New Jersey on
Q: My brother, my girlfriend and a mutual friend of ours went to a club one night. It was about 1am in the morning and my

Girlfriend was ready to go, we all carpool. My brother who car we used that night told me to take the car and take my girlfriend home he was going to get a ride home from someone else.. on my way home I had an accident with the car, nobody car was hit only damages to his car. After police reports... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

You can have law suits but you all at some point may want to sit down to dinner again so I think it makes sense to see if there is someone that can mediate the dispute.Did you or did someone's insurance pay for the damage to the car you damaged.That's what you have to pay.

1 Answer | Asked in Patents (Intellectual Property) and Products Liability for New Jersey on
Q: If I wanted to produce this type of device, how do I go about contacting the inventors of this patent?

I want to commercialize a tennis ball mower that collects balls directly into a basket at an elevated height, so that one does not have to ever bend down to pick up any balls. This patent seems like that is what they are describing, but I am uncertain. Currently on the market there is a tennis ball... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Dec 25, 2017

I do not know the specific patent number you are referencing so I will give a generic answer.

NOTE -- some of these steps can be done in different orders but I listed the easier steps first.

1) Calculate when the term for this patent if all maintenance fees are paid. See my...
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1 Answer | Asked in Criminal Law, Products Liability, Insurance Defense and Securities Law for New Jersey on
Q: A year ago my father took my laptop to try and get it fixed. He gave it to a man that he found online.

We lost contact with this man and my father has almost no way to contact him. I had thousands of pictures and hundreds of documents on there and I am worried I won't get it back. How should we go about this??

H. Scott Aalsberg
H. Scott Aalsberg
answered on Dec 13, 2017

Best bet is to hire a PI to find the guy if it is important to you, then you can determine what your best options are. If you can't find the guy you can't really do much. He did not steal the laptop and may have tried to contact you and he may say you did not pay for the services... View More

1 Answer | Asked in Products Liability, Construction Law, Consumer Law and Contracts for New Jersey on
Q: how can i cancel with him over the phone and have proof of this . Will a phone conversation be tape and serve as proof?

On Friday December 1st i contracted a handyman to complete my Kitchen job he estimated that the total would be 3200 for the labor and that he needed 50% deposit so i gave him 1600 dollar and he patched up a couple holes in the wall with plaster and then stated that he will be back the next day... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

You would ideally give him a copy by hand delivery, but voice and sending a mail cancellation will do.

1 Answer | Asked in DUI / DWI, Products Liability, Appeals / Appellate Law and Municipal Law for New Jersey on
Q: What can I expect at court? How much would the fines be? Could I lower ask for the judge to lower the fine?

I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Sep 22, 2017

If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... View More

Q: Are USB C Hub Devices with 4 to 8 ports patented?

I intend to sell usb c hub devices on amazon. I see bunch of sellers there but i was wondering if there are any patents that could pose legal issues if i decide to sell this type of products:... View More

William C. Head
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answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.... View More

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1 Answer | Asked in Products Liability, Business Law and Construction Law for New Jersey on
Q: what is the compensatory damages for contractor when a product is defective

2 decks were refinished by a company using a product. the product was later found out to be defective. The job needs to be done completely over.

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.

You problem is, that the claim is too small for most civil lawyers to want to...
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1 Answer | Asked in Family Law, Products Liability, Civil Rights and Probate for New Jersey on
Q: Executor of my grandfather's will is not responding. Is it possible that she has spent the money?

My grandfather passed away in NJ 6 years ago. He left his sister (my great aunt) as the executor of his will. My mother read the will, since I was too young to read it, and found out my grandfather left my younger brother and I money that will be distributed in payments starting at the age of 21.... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

You need to get an attorney involved, based on these facts. Go to Super Lawyers, look up Lawrence N. Lavigne, 908-687-7750. If he cannot handle your matter, please ask him for a referral.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Q: I was put on bone meds for many years and lost more densitity each year. I lost had bones and still am.

Can I bring law suit against these co? Fosamax, actonel etc. For my skeleton not jaws??? I've been diag with intractable pain due to demineralized bones and failure spine fusions.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 30, 2017

Yes you can bring a law suit the question is can you win, and even more importantly can you find a lawyer who would take the case as these cases are very expensive to prosecute against a drug company with deep pockets. Thus a lawyer would probably want a retainer up front and a portion of the suit... View More

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2 Answers | Asked in Personal Injury, Products Liability and Employment Discrimination for New Jersey on
Q: Can a record telephone conversation which is with consent of one of the callers be used by the latter for

use in a civil case beteen the same two parties.

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 6, 2017

Exceptions always exist but as long as one party to the conversation consented you should be good.

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1 Answer | Asked in Consumer Law and Products Liability for New Jersey on
Q: This pertains to product safety for Christmas lights.

Is it safe to assume that Christmas lights sold in the USA and are labeled as "UL listed" are in compliance with 16 CFC 1120.3(c) ? Thank you for any replies.

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

These days with things being made overseas sometimes people claim they comply and they don't. Technically, if you want to see if they do ask UL as UL would have listed them.

1 Answer | Asked in Products Liability and Military Law for New Jersey on
Q: I am experiencing dress symptoms from zyprexa and want a lawsuit do you know anyone who takes these lawsuits

I have documented blood results and a I am a veteran who regularly attend the va

Peter N. Munsing
Peter N. Munsing
answered on Aug 11, 2016

I assume you've spoken with your doctors and are no longer on it.Much will depend on how long your symptoms last.If by "dress" symptoms you mean depression I doubt that most attorneys would take the case as depression can arise without any drugs and it'd be viritually impossible... View More

1 Answer | Asked in Lemon Law and Products Liability for New Jersey on
Q: Can I put Car Rental Fees on my Small Claims as part of Demand$?

I am taking Ford Motor to NJ Small Claims for paint being Defective on my car. Dec 04 Ford out out a Technical Services Bulletin advising their Service Depts. I purchased my car in 05 brand new and at that time knew nothing of any paint defects.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2015

You can certainly add any legitimate claim to a lawsuit. However, even in Small Claims Court, you will find that Ford or the dealership will be represented by an attorney. You, therefore will be at a disadvantage. You MAY be able to find an attorney to represent you on a Flat fee basis, but not... View More

2 Answers | Asked in Medical Malpractice and Products Liability for New Jersey on
Q: A medical device used in my California surgery in 1999 caused complications. It was later recalled. Can I sue now?

I just discovered that it was recalled (Adcon-L). A similar suit was filed: http://www.vawd.uscourts.gov/OPINIONS/WILSON/701CV00314.PDF . I do not know if a class action suit was filed.

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 28, 2015

To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced attorney. Good luck.

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1 Answer | Asked in Products Liability for New Jersey on
Q: Looking for a similiar case to mine involving a pharmacutal CO. to warn health care providers of {Failure To Warn Claim

MFR. Fail to warn CASE involving a drug

Adam Studnicki
Adam Studnicki
answered on Aug 4, 2015

Most defective drug cases involve claims of failure to warn. What drugs was it? What were the injuries?

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal...
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1 Answer | Asked in Products Liability for New Jersey on
Q: Is it worth it to sue for failure to honor warranty

Purchased Sharp microwave 7/2014. 4/2015, the unit sparks and starts to catch fire. No injuries or damages other than the microwave. Sharp keeps changing their story on replacement. 4/6 - send pix of the damage, they will send replacement. When calling to confirm receipt of pix, they claim a... View More

Adam Studnicki
Adam Studnicki
answered on Aug 10, 2015

Perhaps a letter from you or a letter from a local lawyer on your behalf would help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not...
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1 Answer | Asked in Products Liability for New Jersey on
Q: I purchased new bicycle motor from a company in CA. No receipt provided with purchase. Product defective. Any rights?

This motor replaces one damage in an insurance claim, without receipt I can't claim it. Also the product is defective from the business. I have other expenses lacing it into rim and returning it will I be compensated for work done by local bike shop? I purchased it over the phone and was never... View More

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

Talk to a local consumer protection or products liability lawyer about your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and...
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1 Answer | Asked in Products Liability for New Jersey on
Q: in pursuing changes brought about by a drug there is product liability and also another way where it is called ?

it has to do with two litigation pursuits where the one is mentioned and the filing is a consideration of responsibility and a degree of deliberate marketing practices which although legal are also consider part the responsibility of the company's actions. therefore it results in possible... View More

Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

If you were injured by a drug, talk to a local products liability lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Products Liability for New Jersey on
Q: I have diabetes and almost died because my sugar tablet didn't work. Can I sue the company?
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Oct 21, 2014

This unfortunate result that you describe is not a case I would handle because of the lack of damages. Many people have asked a similar question to the effect that "I was being treated at a hospital", "I was in a car accident", "I almost fell at work", but was not... View More

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