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Products Liability Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Maryland on
Q: If my company designed a car wheel and sold a license to a manufacturer. Who is liable for accidents from its use?

I am considering forming a startup based on the design of a new lightweight automobile wheel. The business model is to patent the wheel design and sell licenses to wheel manufacturers and collect royalties from it. If there ends up being a design flaw in the wheel and it results in a wheel failure... View More

Mark Oakley
Mark Oakley
answered on Oct 8, 2023

The injured party would sue both the seller and the manufacturer/designer. The designer would ultimately be liable to the seller and the manufacturer (if different from the designer), for damages they pay out to the injured party. Basically, if all defendants in the case are insured, the... View More

1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: How do I request to file a late tort claim?

I was waiting for information from my town before I filed a claim. The town said I filed too late. How can I request approval for late filing?

Gerald D. Siegel
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answered on Oct 3, 2023

If you haven't filed the Tort Claims Notice within 90 days, your only choice is to file a Motion for Leave to file a Late Tort Claims Notice in the Superior Court. These are only granted by the Court sparingly for exceptional circumstances. I suggest that you speak with an attorney about this.

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Products Liability for Tennessee on
Q: TN code violations for corporation using deceptive acts of promising refunds in writing without ever paying???

Multiple promises in writing, asked Corp multiple times for transcripts, recordings & notes for all interactions with representatives that I supposedly had access to as customer, I have large amount of those interactions & asking to compare in order to solve who is at fault to no avail...... View More

Anthony M. Avery
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answered on Sep 25, 2023

That sounds like a potential breach of contract action on each refund. Possible class action. But it sounds like you have no evidence. Consult with an attorney. But be advised it may not be a TN jurisdictional matter.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Texas on
Q: Can i sue if their social media says the product gives no ___ & on the website it says reduced __?

Can i sue a company if they have on their social media pages saying that the product gives no ___ and then on the website and other places, it says reduced ___? On their posts and everything it says without the ____

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you're raising the issue of misrepresentation. In answering your question about suing, it's possible you could, but an issue that will arise is the extent of damages you may have suffered. Good luck

1 Answer | Asked in Products Liability for Texas on
Q: Can asking who pays your property taxes be a form of intimidation in a deposition?

Or the question do you keep your garage locked?

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

It doesn’t sound intimidating.

In a deposition, you should answer all questions as truthfully and briefly as possible. In many instances, a person not trained in law may not understand the relevance of a particular question or why it may lead to the discovery of admissible evidence....
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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

1 Answer | Asked in Products Liability for Florida on
Q: I want to know what legal standing I have with a drug trial company that violated the FDA guild lines and risk my life .

I was recruited to be part of a drug trial of Eli Lilly's Alzheimer's drug donanenab.

One of the main risk is brain swelling.

I was given 4 doses over a period of 8 week and I had no problems or signs of side effects. I was given the fifth dose and 8 hours latter I had a... View More

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

If there is a valid claim, which depends heavily on the documents you signed to participate in the trial, you almost certainly have legal standing to bring it.

1 Answer | Asked in Products Liability for Kansas on
Q: Can I sue my electric company for shutting my power off when we have a child with a electric medical necessity paper
John Michael Frick
John Michael Frick
answered on Aug 30, 2023

Maybe if you can show that you timely and properly notified your electric company of your child’s medical necessity and timely paid your electric bill, and if there was not any emergency that required your electric company to temporarily shut off power to your home.

1 Answer | Asked in Products Liability, Copyright and Trademark for New Jersey on
Q: Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More

Emmanuel Coffy
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answered on Aug 28, 2023

Here are some general points to consider based on your description:

Trademark vs. Copyright vs. Patent:

Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.

Copyright protects...
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1 Answer | Asked in Personal Injury and Products Liability for Utah on
Q: Son hospitalized from a cooking that was made with Almond flour. Has nut allergy. Both Label and store no indication.

Is the local cookie company libel? If no clear indication that cookie includes nuts or has been made with nut flour?

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope your son is okay. Only a local attorney could advise on state-specific requirements for labeling - one option is to try to arrange a free initial consult with a local attorney, with the applicable packaging. Good... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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2 Answers | Asked in Personal Injury, Products Liability, Tax Law and Workers' Compensation for California on
Q: Hi what do I do if I have F.B.I and sherriffs and .L.A.P.D stalking me everyday making because of a fight with relative

Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Aug 21, 2023

Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for California on
Q: Can a defendant in a federal civil suit limit personal address disclosure to a post office box, versus street address?

For purposes of federal rule 26(a), or any other rule, can a defendant in a federal civil suit -- who has voluntarily entered said civil suit -- limit his personal address disclosure to Plaintiff and to the Court to a post office box as opposed to residential street address if the location of his... View More

James L. Arrasmith
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answered on Aug 19, 2023

A defendant in a federal civil suit can request to limit personal address disclosure to a post office box, especially if the location of their residence isn't relevant to the lawsuit. This request should align with privacy concerns while still complying with the rules of civil procedure.... View More

1 Answer | Asked in Consumer Law, Products Liability, Lemon Law and Small Claims for Massachusetts on
Q: I returned goods that I bought because I was not happy with it. Vendor does not want to return my money. What can I do?

I recently bought a stair lift from a vendor who came recommended by a friend. This was for my 87 year old dad who is 5'4". I paid $4000. The vendor asked me for pictures of the location. So, I sent him a picture of the stairway which has a door at the bottom. He mentioned that the stair... View More

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Massachusetts attorney could advise best, but your question remains open for three weeks. A starting point could be to review the terms of the agreement or consult with an attorney to review them with you. Good luck

3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

William John Light
William John Light
answered on Aug 11, 2023

Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More

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1 Answer | Asked in Products Liability and Libel & Slander for Rhode Island on
Q: I am considering writing a book about my proven harm. Can I name names without worry of liability?

My proof is legally obtained audio in the state of Rhode Island. However, due to state statutes, I had no legal case.

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2023

A Rhode Island attorney could advise best, but your question remains open for two weeks. Until you're able to speak with an attorney who is knowledgeable about legal issues for authors, in general, there is no controlling whether subjects named in a book would sue. Such lawsuits could be... View More

1 Answer | Asked in Products Liability, Collections, Insurance Bad Faith and Insurance Defense for Virginia on
Q: What should I do, enterprise wants me to pay them 14000 for damages to a vehicle I wrecked in Mexico a year ago.

Got into an accident in my truck.

Insurance paid for a rental car.

I went to Mexico in the enterprise rental car.

Got into an accident.

Enterprise had the vehicle transported to El Paso, Texas.

Enterprise tried to bill my insurance company, they denied the... View More

Joel Gary Selik
Joel Gary Selik
answered on Jul 25, 2023

Among other issues, what may be relevant is why your insurance company denied the claim.

1 Answer | Asked in Products Liability and Lemon Law for Minnesota on
Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year

I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again

Robert Kane
Robert Kane
answered on Jul 24, 2023

Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements.

Allowing an attorney to evaluate, organize and draft...
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1 Answer | Asked in Bankruptcy, Employment Law, Products Liability and Real Estate Law for Illinois on
Q: i owe to CarleBromenn hospital 28000, i had not insurance on those days, is there something that i can do? thanks

i owe to CarleBromenn hospital 28000, i had not insurance on those days (i get into emergency room due to a kidney stone), my insurance were activated like a week after that and i have no way to pay 28000, thanks

Timothy Denison
Timothy Denison
answered on Jul 17, 2023

You might look into filing a bankruptcy, depending on your financial situation.

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