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Ohio Products Liability Questions & Answers
0 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: I read about Shelby Ellebracht v. Walmart Inc. and I want to file as well for the same reason I have scars from it

I had purchased the Mainstay candle from Walmart and after about an hour and a half it just got a really high flame and I wanted to put it out and when I was reaching for it it just exploded and the wax went all over my hands and arms I have scars from it

1 Answer | Asked in Products Liability and Medical Malpractice for Ohio on
Q: I'm looking for a lawyer to represent me on a Zantac lawsuit. I can not find one can you help me
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

Marin and Barrett, Inc. at 888-348-2735 handles Zantac litigation.

Most such litigation has been consolidated into an MDL and the first Zantac cancer case was scheduled to go to trial early this year.

So don’t delay.

1 Answer | Asked in Products Liability, Consumer Law and Small Claims for Ohio on
Q: I need a lawyer for negligent work done to my vehicle & insurance paid for parts that were never replaced.

Nov ‘21 my car was in an accident that caused the whole engine to be replaced, radiator & battery. Jan ‘22 I received my car back & a week later the serpentine belt came off 2 times in 2 weeks. Nov ‘22 I hit a deer on my way to work. I received my car back in December ‘22 &... View More

Jaime Victor Papa
Jaime Victor Papa
answered on Jan 18, 2023

I am working on several cases similar to this. I need to learn a little more.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Ohio on
Q: Do insurance companies have to pay for a rental vehicle or compensation if they fail to respond to a claim for 4 months?

I was in an auto accident 4 months ago.. The other man was at fault, but did not file a claim (I was just informed of this) for 4 months I have not had a reliable vehicle, nor have repairs been made by our insurance due to no collision policy. Our insurance did send the adverse carrier 4 demand... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2022

Auto insurance is tricky. You don't have a claim against his insurance company. You have a claim against him. He has a claim against his insurance company if they refuse to pay you on his behalf. Your insurance company has no claim against anyone, because you did not have collision coverage.... View More

1 Answer | Asked in Products Liability for Ohio on
Q: Antenna falls off house and hits a car. Am I liable to pay for a car shop to repair if they don't have insurance?
Tim Akpinar
Tim Akpinar
answered on Apr 1, 2022

An Ohio attorney could answer best, but your question remains open for two weeks. Across the nation in general, the homeowner would usually be liable in such a setting. If you have homeowner's insurance, look into whether the loss would be covered under your policy. Good luck

1 Answer | Asked in Products Liability for Ohio on
Q: I need to see a doctor due to a product injury but can’t afford to pay and don’t know what to do

The brand new power recliner tipped over and threw me on the floor the first time I used it. If I am injured…how do I see a doctor if I have no money

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2022

An Ohio attorney could advise best, but your question remains open for a week. You could reach out to local attorneys to see if it would be possible to arrange a free initial consult to discuss. One option might be public health agencies. Another is that if an attorney identified the basis for a... View More

1 Answer | Asked in Personal Injury, Products Liability and Civil Rights for Ohio on
Q: Is there anything I can do if I find a broken crack pipe in the used shoes I purchased?

Yesterday, I went to the mall and bought a pair of used Jordan’s. I was only able to try on the shoe that was on display. When I got home and put my feet in my shoes I felt something at the tip of my feet. When I pulled it out it was a broken used glass pipe.

Tim Akpinar
Tim Akpinar
answered on Jan 12, 2022

An Ohio attorney could advise best, but your question remains open for two weeks. The answer to your question could depend on the extent of injury. I hope you were not hurt. The best way to answer your question could be to reach out to Ohio law firms. If you have medical records, such as hospital... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Banking for Ohio on
Q: Can a contract clause absolutely eliminate or waive a citizen's right to a trial by jury?

I have noticed this clause in many end user agreements such as computer and phone software, product and service warranty terms, various financial applications, etc. It is always one-sided (written by the provider) and directed at the buyer. Sometimes these terms include mandatory use of a (or... View More

Joseph Jaap
Joseph Jaap
answered on Aug 2, 2021

Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Would I have a case for swallowing a clear piece of broken plastic fork? Making a hole/tear in esophagus, sever sepsis

I swallowed a broken piece of a clear plastic fork. Being that the fork was clear. I could not see the broken piece in the bowl of spaghetti sauce. It caused a tear and hole in my esophagus. Which then caused severe sepsis. I spent 19 days in the hospital. Had 2 surgeries in 4 days that saved my... View More

Andrew Popp
Andrew Popp
answered on Jul 7, 2021

It's difficult to say. I think it unlikely that the fact that the fork was translucent will support a viable cause of action. There may have been other issues in the manufacturing process whereby the fork was not as sturdy as it should be. It could also be a QA issue. For a clearer answer... View More

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1 Answer | Asked in Personal Injury and Products Liability for Ohio on
Q: My/plaintiff's case is in settlement phase. Can my friend be present for moral support during my mtg w/ my lawyer only?
Andrew Popp
Andrew Popp
answered on May 3, 2021

Yes. You can have whomever you like along with you for the meeting with your attorney. The lawyer may want you to acknowledge that you are waiving attorney client privilege for subjects discussed at the meeting.

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... View 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.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: What legal rights do I have if I wake up in a medical facility with another patient's blood on me?
Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

Assuming they did not get your consent to a transfustion, you technically have a claim for battery. However there are many legal issues, and you should 1) not ask or tell medstaff you are thinking of a claim but ask general open ended questions if you are asking them , 2) get legal advice from a... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams
answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Products Liability, Collections and Insurance Defense for Ohio on
Q: Am I required to talk with rental co. for a liability claim investigation? They're wanting to know if I had insurance
Tim Akpinar
Tim Akpinar
answered on Oct 2, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. It could depend on your capacity and role in the matter. If you are insured by a carrier, you may want to consult with their examiner or attorney for guidance. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for Ohio on
Q: Am I legally required to respond to a liability claim from a rental company
Tim Akpinar
Tim Akpinar
answered on Oct 3, 2020

An Ohio attorney could advise best, but your question remains open for three weeks. If it involves a claim against you stemming from a motor vehicle accident, one option is to determine if your insurance carrier covers the loss or provides a defense. The description here is brief - based on what... View More

1 Answer | Asked in Civil Litigation and Products Liability for Ohio on
Q: If I have liability insurance in Ohio does it cover the other drivers vehicle if they are found at fault?

The other driver was found at fault by his insurance company, his insurance company paid for the damages to my car, but now he is trying to sue me because my insurance company refused to pay for his damages due to it being his fault

Matthew S Flemming
Matthew S Flemming
answered on Aug 7, 2020

Notify your insurer about the suit so that it will defend you. If he was at fault, you are not responsible for causing his damages, he was.

1 Answer | Asked in Products Liability for Ohio on
Q: Are you legally required to send a product back if asked?

lets say that Company A messed up a product, the value of the product is around $1750, they admitted that the product was not correctly manufactured over the phone, and they said that they would re-manufacture the product and send the correct product back to me in about 5 weeks, they also mentioned... View More

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2020

An Ohio attorney could advise best, but your post remains open for a week. As a GENERAL premise in such situations, the manufacturer/retailer generally enjoys an opportunity to remedy or replace the goods, and the buyer is generally required to cooperate with manufacturer's requests for return... View More

1 Answer | Asked in Products Liability for Ohio on
Q: Is it legal for an insurance company to give you liability insurance when you have a loan out on a car?

A friend hit a deer and only had liability insurance, but everyone we talk to says that she shouldn’t have even had the option to get liability when she had a loan on the car. My question is, is there grounds for a lawsuit since she was given liability insurance with an active loan? I know this... View More

Matthew Williams
Matthew Williams
answered on Jun 19, 2020

You have to have liability insurance. That’s the law. So of course the insurance company can sell it.

1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta
answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Products Liability, Car Accidents and Small Claims for Ohio on
Q: I need to know if I have a chance, or if I should just pay her what she is asking.

An ex-gf of mine is trying to sue my in small court for around 2,000 dollars for damage of her car. When we were together I was driving her car and backed into a pole. She said it was fine. I messaged her telling her I was sorry, I’d help her with it, and all of that, which she has messages... View More

Matthew Williams
Matthew Williams
answered on Apr 5, 2020

Since she had and didn’t use insurance, she has failed to mitigate her damages and could should have some trouble if you argue that in court. From a practical stand point, is $1500 a fair estimate of the damage? Can you afford it reasonably easily? Because it’s probably both the right thing to... View More

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