It could be up to the judge. It's difficult to answer your question with certainty, because it could depend on the willingness of the court to look at other evidence in the file. Good luck

Tim Akpinar

This would be for a nine year old vehicle and you or they will need expert testimony. Be aware that if it is just for repairs, that will likely not be a case that any attorney will take, and you will have to have a mechanic ready to testify that it was a manufacturing defect that casued the... View More

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property... View More

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... View More

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... View More

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... View More

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... View More

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping... View More

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... View More

I'm sorry for your ordeal. It could be difficult to base a case on these facts alone. If there was any type of medical response involved, and documented injuries, those could serve as evidence of an injury. You could consult with an attorney for a more in-depth opinion. Good luck

Tim Akpinar

It means someone filed for the trademark as "intent to use" and there was a failure to complete the registration because a statement of use was never filed. Here is the explanation from the USPTO https://www.uspto.gov/trademarks-application-process/abandoned-applications

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

You should present this question to a criminal defense attorney. You are in the Product Liability category, which is about people who are injured by dangerous products. You could find criminal defense attorneys in or near your county listed on this site, or through your own independent searches, or... View More

Tania Maria Williams Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... View More

No. But give it back.

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... View More

How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside... View More

Jason Turchin Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 15, 2019

Short answer is that it depends. Often, the recall notice does not impact whether they are responsible. Many states still allow you to bring a claim under product liability law and hold the manufacturer strictly liable. However, there are limitations as to when you can bring a claim, so you should... View More

In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar