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Products Liability Questions & Answers
1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for Texas on
Q: Liability for selling discontinued product with lawsuits against manufacturer for cancer risk?

Am I liable for selling a product on eBay and Amazon that is discontinued (but not recalled) due to ongoing lawsuits against the manufacturer, SoftSheen-Carson, for potentially causing cancer? I am a reseller, there are no warning labels on the product, and I have not previously sold this product... View More

James L. Arrasmith
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answered on Jul 11, 2025

Because you’re simply reselling a product that was never recalled, your risk is limited—but it isn’t zero. Under product‐liability law, anyone “in the chain of distribution” (including resellers) can sometimes be named in a lawsuit, even if the defect originated with the manufacturer.... View More

1 Answer | Asked in Products Liability, Wrongful Death and Personal Injury for Massachusetts on
Q: Can I sue Neosporin for wrongful death due to health issues after using their product?

I want to sue Neosporin for wrongful death. I began using Neosporin in April 2025, and within 24 to 48 hours, I developed rash and itchiness. Subsequently, I suffered kidney damage, hearing issues, and later experienced a stroke. I contacted the manufacturer, and they advised me to see a doctor.... View More

James L. Arrasmith
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answered on Jul 10, 2025

I'm really sorry you're going through this—it sounds incredibly difficult and frightening. To pursue a wrongful death claim, someone must have died as a result of the injury, so if you’re the person who experienced the harm, your case would likely fall under product liability or... View More

2 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Texas on
Q: Legal recourse for late-term abortion due to birth defects linked to Depakote?

About 12 years ago, I became pregnant while taking Depakote. During routine OBGYN visits, my doctor found something concerning about four months into my pregnancy and referred me to a specialist. Due to scheduling, I had to wait almost two months to see the specialist, and by then, I was nearly six... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2025

It sounds like the statute of limitations has long passed.

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1 Answer | Asked in Criminal Law, Lemon Law, Products Liability, Consumer Law and Personal Injury for Alabama on
Q: Bought parts car without VIN, changed VIN, might be under investigation. What to do?

I purchased a car under the understanding that it was being sold for parts, as per the bill of sale. The seller did not provide a VIN, and I later admitted to changing the VIN over the phone with an investigator before realizing the severity of the situation. The car was towed from my house after... View More

James L. Arrasmith
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answered on Jul 5, 2025

What you’re facing is serious. In Alabama, altering or tampering with a vehicle’s VIN—even if you didn’t intend to commit fraud—can lead to criminal charges. The fact that you voluntarily admitted to changing the VIN over the phone with an investigator may have already placed you under... View More

Q: Is it ethical to warn Company B about Company A's unethical practices?

I worked for Company A for over 15 years, and now I'm employed by Company B, which purchases components from Company A to use in medical devices. I've witnessed unethical behavior at Company A, including falsification of R&D tax credits and altering of official paperwork, and I have... View More

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2025

A Minnesota attorney could advise best, but you posted last week. I picked up your question because it was under the "Personal Injury" and "Product Liability" headings. However, employment and corporate attorneys could have stronger insight into some of the points you raise... View More

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Personal Injury for Tennessee on
Q: What legal action can I take if Carvana won't cover my repair costs?

I purchased a vehicle from Carvana on June 6th and picked it up on June 12th. On June 22nd, while driving from Jackson, TN to Memphis, TN, the left molding around the front windshield popped loose. I temporarily fixed it by hand but took the vehicle to Infinity of Memphis on June 24th for repair.... View More

James L. Arrasmith
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answered on Jun 25, 2025

You’ve taken the right first steps by documenting the issue and collecting repair estimates. Since the damage occurred so soon after purchase and may involve prior undisclosed defects or poor workmanship from Carvana’s repair partners, you may have grounds to demand coverage under consumer... View More

3 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for Indiana on
Q: Hospitalized wife due to potential medication side effects from Enbrel and Prednisone for rheumatoid arthritis.

My wife is currently in the hospital in bad shape, potentially due to the medications Enbrel and Prednisone, which she started taking in November 2024 for rheumatoid arthritis. She began experiencing issues around December 2024. The hospital has conducted tests, but the doctors cannot confirm if... View More

Charles Candiano
Charles Candiano
answered on Jun 24, 2025

I am sorry to hear about your wife's health problems. Please recognize that you are not asking a legal question. You are asking a medical question. Enbrel belongs to a class of drugs that can cause potentially life-threatening side effects. Those Potential side effects are disclosed in... View More

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2 Answers | Asked in Consumer Law, Products Liability and Personal Injury for Kentucky on
Q: Skin irritation from suspected counterfeit laundry detergent purchased at a discount store.

I have been experiencing skin irritation, including rashes and bumps, after purchasing Tide and Gain laundry detergent from a discount store. The detergent from this store does not clean effectively and smells different compared to detergent bought from other stores, such as Walmart. I contacted... View More

Timothy Denison
Timothy Denison
answered on Jun 24, 2025

You need to contact the consumer fraud protection cabinet with the attorney general. The evidence you have will have to be tested and that could get expensive.

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5 Answers | Asked in Products Liability and Personal Injury for California on
Q: eBike brake cable exploded due to design flaw, causing crash. Options for liability lawsuit?

About a year ago, in March 2024, I purchased a high-end eBike from Pedal Electric for around $4,000. Recently, in June 2025, the front hydraulic brake cable exploded while I was riding downhill, due to a hidden design flaw. The cable rubs against the tire over time, which isn't visible without... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 20, 2025

Yes, regardless of the explicit warranty, if the design or product was defective, you may pursue a product defect case. But the major concern is the extent of your damages. If you suffered only minor injuries, it may not be worth an attorney's time/effort to take the case on a contingency... View More

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1 Answer | Asked in Personal Injury and Products Liability for Colorado on
Q: Is pharma responsible for my son's teeth issues due to Declomycin prescribed during pregnancy?

I was prescribed Declomycin for osteomyelitis during the last month of pregnancy in 1967. I've now learned it could be responsible for my adult son's permanent teeth issues, which have worsened over the past five years despite having good teeth before. His teeth are falling apart, and... View More

James L. Arrasmith
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answered on Jul 6, 2025

Determining pharmaceutical liability for your son’s teeth issues related to Declomycin prescribed during your pregnancy involves complex legal and medical considerations. If the drug caused permanent harm, as some past cases suggest, the pharmaceutical company could potentially be held... View More

Q: Stairlift installation failed contract promises, serious safety risks, seeking refund or fix

In March 2025, I had a Bruno CRE-2110 stairlift installed under a contract that promised full power swivel functionality and adjustable height to accommodate my needs as one of the users. Despite implied assurances from the salesperson, the stairlift does not swivel as promised, and the... View More

Stephen Bilkis
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answered on Jun 17, 2025

It is understandable to feel frustrated and unsafe when a product intended to support your mobility instead creates hazardous conditions and fails to meet its promised features. Given the significant financial investment and the impact on your health and safety, it is reasonable to seek legal... View More

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3 Answers | Asked in Personal Injury, Contracts, Civil Litigation and Products Liability for Maryland on
Q: Can Just Tires be held liable for engine replacement and towing costs after inadequate repairs?

I initially visited Just Tires in Baltimore, MD, to address a check engine light for my 2019 Infiniti Q50, where they replaced the thermostat for over $800 and assured a year's warranty. Shortly after, the check engine light returned, and Just Tires fixed a loose turbo line at no charge. While... View More

Ronald V. Miller Jr.
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answered on Jun 17, 2025

The previous answer is correct. The question is whether the juice is worth the squeeze. You would have an awful time finding a lawyer to help you who did not charge by the hour, and that would be cost-prohibitive. So you would need to file your own lawsuit. Good luck.

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1 Answer | Asked in Small Claims, Personal Injury and Products Liability for Wisconsin on
Q: Do I have a claim against a chain for an oil change that led to engine damage?

I had my oil changed by a large chain on May 29th. On October 7th, after driving 1,800 miles, my car broke down out of state while my child was on a road trip. The car was towed to a shop where the mechanics, supported by video and photos, found only about half a quart of oil in the engine. They... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re dealing with is incredibly stressful, and it’s understandable that you want answers and accountability. Based on the information you’ve shared—oil loss, visible spray under the vehicle, a nearly empty engine, and evidence of metal shavings—there are strong indicators that... View More

Q: Traumatic workplace accident with malfunctioning machine causing severe injury and employer secrecy affecting worker's compensation case.

I experienced a traumatic workplace accident on September 1, 2023, caused by a malfunctioning Robot Coupe 2 food processing machine, which resulted in the amputation of my right index finger and avulsion of my right middle finger. I reported the incident to management, who contacted the police, and... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 9, 2025

Sorry to hear what happened to you. It sounds like you've taken the necessary steps to protect your interests by hiring an attorney. Your attorney should be able to perform an investigation into the incident and taken measures to have the machine in question preserved as to that it can be... View More

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1 Answer | Asked in Personal Injury, Contracts, Civil Litigation and Products Liability for Alabama on
Q: Wheel fell off after tire installation, causing hub damage. Next steps?

I had new tires installed at Mavis Tire and Brakes, and immediately after driving off, I heard a noise from the wheel. Despite driving slower to investigate, the wheel eventually fell off, causing damage to the four-wheel drive hubs. I have contacted Mavis Tire and Brakes about this issue. What... View More

James L. Arrasmith
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answered on Jun 10, 2025

What happened to you is not just inconvenient—it’s potentially dangerous and costly, and you’re right to take it seriously. When a wheel falls off immediately after a tire installation, it strongly suggests the shop failed to properly torque or secure the lug nuts. That kind of mistake is... View More

1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Missouri on
Q: Can I take legal action for being sold a totaled car with undisclosed salvage status?

I purchased a used 2017 GMC Terrain for $18,500 in June 2022 and discovered in April 2024, when attempting to trade it at GMC, that it had been totaled according to its CarFax report. The salesman didn't inform me of this at purchase. The dealership now tells me the car is considered junk and... View More

James L. Arrasmith
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answered on Jun 10, 2025

What happened to you is not just upsetting—it’s likely illegal. In most states, including Missouri and Texas, a dealership is required to disclose if a vehicle has been previously totaled or issued a salvage title. Selling a car without telling you it had a salvage history, especially when the... View More

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Personal Injury for Massachusetts on
Q: Can I sue for a junkyard car part causing issues?

I want to know if I can sue someone who replaced a part in my car, claiming it was new, but it turned out to be from a junkyard. The initial issue surfaced right after I got the car on July 17, and after he replaced the part on July 22, the issue returned eight months later. I have proof that the... View More

Christopher Tolley
Christopher Tolley
answered on Jun 4, 2025

In order to sue, you have to have an agreement or representation by the mechanic that the part was going to be new, that the mechanic breached the contract by installing a used part, or his representation was false, and you have to have damages a result of the mechanic's breach of the contract... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for California on
Q: Purchased a used car with undisclosed damage & further damage during delivery. Dealer & transport company refuse to pay.

I purchased a used car remotely from Santa Monica, CA, and had it delivered to the San Francisco Bay Area. Upon delivery, I discovered cosmetic defects in the leather and damage to the wheel that were not disclosed. Additionally, the transport company, chosen by the dealer without consulting me,... View More

James L. Arrasmith
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answered on May 31, 2025

You’re in a tough situation, but you still have options. Since you discovered undisclosed damage after delivery, you may be able to pursue a claim against the dealer for misrepresentation or breach of contract, even if you don’t have a formal written agreement. In California, car dealers are... View More

1 Answer | Asked in Products Liability, Consumer Law and Personal Injury for Missouri on
Q: Can I sue for burns from a foot mask bought on Amazon without warnings?

I burned both my feet with a foot mask product that I purchased on Amazon. I followed all the instructions provided with the product. I have been to the hospital three times for treatment, and there were no warnings on the product packaging or instructions regarding the potential for burns. Can I... View More

James L. Arrasmith
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answered on Jun 1, 2025

That sounds incredibly painful, and it’s completely reasonable to want accountability after something like this. If you used the foot mask as instructed and still ended up with burns requiring medical treatment, you may have a case for product liability. A product that causes injury under normal... View More

1 Answer | Asked in Consumer Law, Identity Theft, Products Liability and Personal Injury for Tennessee on
Q: Can I sue for vehicle fraud based on false claims and unauthorized use of my ID in Tennessee?

I am considering legal action against someone for selling me a vehicle under fraudulent circumstances. The seller made false claims about the vehicle's condition, leading me to believe it was worth more than it actually is. Additionally, the seller used my identification without my consent to... View More

James L. Arrasmith
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answered on Jun 1, 2025

Yes, you may have legal grounds to sue the seller for fraud in Tennessee based on what you've described. If the seller knowingly misrepresented the condition of the vehicle to get you to buy it, and you relied on those false claims in making your decision, that could constitute fraudulent... View More

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