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Pennsylvania Products Liability Questions & Answers
2 Answers | Asked in Products Liability for Pennsylvania on
Q: Sick after purchase of rug, endoscopy,blood work now and an aids test coming up. Infection in throat. Who is responsible

Returned the rug and was perfectly normal health prior to this,but after rug was bought I began feeling awful in the lungs and throat. Had a routine throat scope to find out there is yeast in my esophagus. Is this just a buyer beware? Or would Ollie’s be responsible for selling rugs with... Read more »

Elizabeth Tarasi
Elizabeth Tarasi
answered on Jul 21, 2018

You would have to have the rug you purchased tested to see if it was the cause of your problems. Since you returned the rug you will not be able to test it.

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Q: Filed for a medical malpractice lawsuit two months ago and still haven't heard from the attorney. Is this standard pract

When I call the attorneys office he never responds to my calls.should I get another attorney?

Elizabeth Tarasi
Elizabeth Tarasi
answered on Jul 5, 2018

No, when you call an attorney they should return your call within a day or two. Are you sure the case was filed?

2 Answers | Asked in Contracts, Products Liability and Collections for Pennsylvania on
Q: I bought a car at a buy here pay here, i can't afford it anymore am I responsible for the loan on a voluntary repo?

It's not being reported to any of the credit bureaus. I should also mention its not Bank financed but financed by the owner

Elizabeth Tarasi
Elizabeth Tarasi
answered on Jun 20, 2018

Yes. They generally reposes the car, sell it at an auction and get what they can for the car and hold you responsible to pay the difference.

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1 Answer | Asked in Consumer Law, Products Liability and Animal / Dog Law for Pennsylvania on
Q: my puppy was almost killed by a toy. can I go after the company for vet bills
Peter N. Munsing
Peter N. Munsing
answered on May 4, 2018

If you mean a pet toy, possibly--if you can show it was being used in the manner intended.

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for Pennsylvania on
Q: Can i sue McDonalds for serving my wife and i raw burgers which we ingested not even thinking it could be raw?

My wife is pregnant and raw meat can literally kill our unborn child. They refunded a portion of our order and replaced the burgers and they were still raw

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 4, 2018

Your question went out to the family law attorneys. You should discuss this with a personal injury attorney. My thoughts are that, unless you actually suffered damages, there are no grounds for a lawsuit, but, as I said, you should check with a personal injury attorney.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Appeals / Appellate Law for Pennsylvania on
Q: How should i best handle charges due to U-Haul truck damages that I did not cause?

Dispatch:

- truck was not checked with me by an employee (neglect of standard procedure)

- no damages during trip - not even contact with a tree

- dropped -off that day

- week later charges for 2,000 in damages put on credit card they had on file with not so much as... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 22, 2018

Hope you told your credit card company the amount is in dispute. Did you have witnesses? Find out what they are claiming are the damages--if it's things like undercarriage likely you didn't cause them.

1 Answer | Asked in Consumer Law, Products Liability and Energy, Oil and Gas for Pennsylvania on
Q: Judge rules for motion to compel interrogatory response on personal, private matters. How to disobey legally? Defense?

How to properly ask the judge after decision made to reconsider. Other side asking about current health issues and history because we want to opt out of a dangerous smart meter technology.

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

You have to give the responses. You can appeal later.

3 Answers | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: I wanted to know if it's normal not to hear from your attorney after about three years since last contact.

Mediation was about three years ago with a large medical device company. Complex litigation personal injury case.

Mark Scoblionko
Mark Scoblionko
answered on Dec 31, 2017

You might want to call him or her and ask what is going on.

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1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for Pennsylvania on
Q: can i sue a seller for shipping a lethal weapon unsafely
Peter N. Munsing
Peter N. Munsing
answered on Dec 5, 2017

You can only sue if something bad happened--an injury. You don't sue because something might have happened. Assuming the weapon got to you safely then I don't see anything . If you were charged because of the shipping issue you would have a defense that you had no control over how it was shipped.

1 Answer | Asked in Products Liability and Consumer Law for Pennsylvania on
Q: An online website gave me wrong author/cited work to use,which I found out. CA I sue them for selling wrong information?

I had ordered a college essay from an online website. When it was emailed to me.I checked for the references that the writer had used.He had put wrong authors name. Before ordering I had called their cust service and was told how high standards they use - review/ quality check before sending to... Read more »

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

So you want to sue because you wanted to submit someone else's work as yours to a college--this is called plagiarism--and you don't think the author of the work did a good job. First, if the citation was proper but someone made an error in the author's name it's a tad sloppy but... Read more »

1 Answer | Asked in Consumer Law, Car Accidents and Products Liability for Pennsylvania on
Q: I bought a jeep patriot new in 2014 in march of 2015 I was involved in an accident where a older man pulled out in front

of me as I was going 35-40 mph. there was no airbag deployment I called Chrysler they sent someone to the shop it was in and said there was no problem I traded the vehicle off after the damage was repaired due to being afraid to put my family in it with no airbags today two years later I received a... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

If there had been air bag deployment your vehicle may have been totaled anyway--have to add to the damages cost of replacing the airbag(s). Your fear of that didn't make it unusable. Also, if the hit was not dead center or within 7 degrees of top dead center, the airbag may not deploy. So... Read more »

3 Answers | Asked in Products Liability and Landlord - Tenant for Pennsylvania on
Q: I was trapped in an elevator for three hours, the emergency phone number was not answered, and the alarm did not work

Is there a case here for any damages?

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Aug 31, 2017

Not unless you can show that this terrible inconvenience has some measure of damage that you can prove.

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1 Answer | Asked in Products Liability, Consumer Law and Contracts for Pennsylvania on
Q: Notery lost title for motorcycle. Anything I can do?

Last year I traded a car for a motorcycle. I had full plans on just selling it so the guy that owned it before signed the title over, at the notery, but I did not put it in my name because I was just going to sell it and didn't want to waste the money. Well I didn't sell it last year.... Read more »

William C. Head
PREMIUM
William C. Head PRO label
answered on Aug 13, 2017

Possibly take a small claims court case, for whether the costs are to verify your ownership, and get a replacement title. This is a big pain in the ass, but you set yourself up for it, by circumventing the law that the document needed to be completely filled out. Plus, you should have taken... Read more »

3 Answers | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: How would I find cases filed against Zimmer Corp. or Zimmer-Biomet for hip personal injury product liability cases?
William C. Head
PREMIUM
William C. Head PRO label
answered on Aug 13, 2017

Just type in "zimmer hip replacement lawyers" on Google. Then, pick one of many law firms than handle these cases. All will speak to a potential claimant, at no cost you you.

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Q: Do I have a case against West Penn Power?

I own a house that my son lives in. On June 13th a branch took out the power lines. My neighbors n I called and a couple hours later it was back on. My son never told me they left the line in the yard. Went down today with my boyfriend and saw the line. Instead of removing the branch and lifting... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Pennsylvania on
Q: My ex got some furniture from Aarons under my name and ran off with it. I know I'm stuck paying and I have been paying

I never refused to pay however every here and there money from work is short and they just never satisfied. I'm due to 60 a week however I had to skip 2 weeks and today I made a $80 payment I know is not a lot but I'm not refusing my responsibilities. I was a sucka and now I have to pay... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Why are you paying? If spouse used your name but signed for it, that's something they must have known. Problem is if your payments are considered to be adoption by you of the debt. Suggest you contact the Attorney General office of Consumer Affairs in Harrisburg for starters. Send them a note... Read more »

1 Answer | Asked in Contracts, Family Law and Products Liability for Pennsylvania on
Q: I was given a golf cart from a friend, He now wants it back. No paperwork saying he gave it to me or anything.

So the day we got it, we loaded it up & it didn't work at all. We brought it home and got it working and its been running fine (we put money in it) Now he's saying that he just let us use it if we got it fixed and he wants it back. The original plan was if we got it off the property... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Mar 16, 2017

I'd try to work it out if it's a friend. Friends sometimes get petty and you first evaluate what you put in, what he did, what use you got out of it and decide. Generally, there isn' t the presumption of a gift that can happen with family members. If the we is you and he not clear... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Products Liability for Pennsylvania on
Q: My mother, who lives in Pennsylvania, was supposed to recieve 89,000.00 for a class action mesh lawsuit.

When she received the settlement (on a Mastercard! Not a check!) she only received 25,000.00. The attorney's fees totaled $64,000.00. How can fees be over 70%? Is this legal? She never signed an agreement.

Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

I already answered this, I believe. Was it only fees? Fees, costs, and medicare reimbursement? She should have received 1) a fee agreement and 2) a disbursdment sheet showing how things would be apportioned.

Most attorneys have the client sign these. If none of the above happened, as I...
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1 Answer | Asked in Products Liability for Pennsylvania on
Q: My mother, who lives in PA, was involved in the bladder mesh lawsuit. She was awarded 89,000.00

When she received the settlement (on a Mastercard! Not a check!) the attorney's fees totaled $64,000.00. How can fees be over 70%? Is this legal? She never signed an agreement.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

She must have signed something. She should ask for a statement. Usual fee is 1/3 which would be 29,333. Plus costs which may or may not be much in her case, but should be documented and itemized. The attorney doesn't give her the information, then she should contact the fee dispute committee... Read more »

1 Answer | Asked in Construction Law and Products Liability for Pennsylvania on
Q: water entering basement via electrical conduit from the outside. House is only 3 y/o. Is developer liable or is it on me

No work has been done to the basement or to the yard out front where the well pump is and only happens when it rains. The problem started last year. I have contacted the developer to have someone look at it and was told that they would ask the owner. Also, the representative I spoke too said it... Read more »

Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

A strong letter from a lawyer might help.

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 impossible to evaluate a legal problem...
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