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Products Liability Questions & Answers
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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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Georgia on
Q: Need a lawyer who services the state of Georgia regardless of in state or out of state.
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Contact the Ga. Trial Lawyers Assn and they can help you find a lawyer for your type of claim. Their members give free consults.

1 Answer | Asked in Products Liability and Business Law for Georgia on
Q: Can a carlot change the down-payment
Cory D. Raines
Cory D. Raines
answered on Jul 26, 2021

This question is quite vague and without more, an appropriate response can't be given. However, many contracts have contingencies, so if there was one related to the down payment, then that could cause it to change. For instance, if a car lot agrees to a down payment of $5,000, so long as you... View More

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Idaho on
Q: what kind of lawyer am i looking for. idaho bad car from a dealer

i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 2, 2021

The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a... View More

1 Answer | Asked in Employment Law, Products Liability, Civil Rights and Small Claims for California on
Q: Can Walmart take your personal belongings that u walked in with and you have proof of purchase bcuz you were trespassing

Do Walmart employees have the right to take/steal your personal belongings that you 100% walked into the store with and that you personally own (and have all of the receipts proving that you have boughten them)...

Just because they said that you were trespassing? 

Just because you... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

File a claim with Walmart and/or the police.

2 Answers | Asked in Products Liability and Car Accidents for Texas on
Q: I was driving someone else's car and another vehicle hit me behind
Tim Akpinar
Tim Akpinar
answered on Jul 31, 2021

A Texas attorney could advise best, but your post remains open for a week. There was not a question included in the post, but you might be wondering about your rights here? I hope you weren't injured, but if you were, you could reach out to attorneys to discuss in greater detail. Most... View More

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1 Answer | Asked in Products Liability for California on
Q: Driving a commercial vehicle as a company driver, medical issue caused me to black out and destroy fence. Still liable?
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

If you couldn't anticipate the issue you would be covered by the sudden emergency doctrine as you weren't careless. So I don't see it. Normally the truck's insurance would cover it.

1 Answer | Asked in Copyright and Products Liability for Illinois on
Q: can i use the brand name "eternal sunshine" or "eternal svnshine" for my jewlery business?

i want to know if the name is already trademarked

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 22, 2021

Depends

You need to consult with an attorney to find out if it is registered or taken

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: I had solar panels added to my home and new pergola. There are issues and the company isn’t responding

The pitch is supposed to be at least 5 degrees and mine is 2.5 degrees which means water is sitting on top of the panels.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Call up the headquarters of the company. Ask to talk to the manager of operations. Tell them no one has gotten back to you.

1 Answer | Asked in Products Liability for Georgia on
Q: Is Lexus offering me & others “goodwill money” to fix our hybrid model vehicle an admission of liability on their part?

I purchased a Lexus hybrid 5yrs ago and only gotten my car serviced with them.Without any warning or signal of distress, it just started make a rattling sound and my CE light came on.Took it immediately to Lexus dealership who callously told me that my gas cover had a “hairline fracture” that... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Contact the Center for Auto Safety. You can also file a complaint with the Federal Trade Commission and the US DOT.

1 Answer | Asked in Products Liability and Landlord - Tenant for Oklahoma on
Q: If a renter of a self storage is delinquent in payment within 60 days and someone pays it for them can the person paying

Fees and past due rent take possession of the unit(s)?

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Not without some type of agreement. They would be considered a "volunteer."

1 Answer | Asked in Products Liability and Small Claims for Florida on
Q: How do i find a lawyer in jax
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

Look in the yellow pages. Lawyers tend to be listed by areas of focus.

1 Answer | Asked in Products Liability and Small Claims for Virginia on
Q: How can I get a settlement on this case because I have used these products for awhile now and I have had some hair loss?
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2021

A Virginia attorney could advise best, but your question remains open for three weeks. As a starting point, you could research online whether there are any law firms handling cases for the products that were involved. With some product liability law firms, this can change from month to month - the... View More

1 Answer | Asked in Consumer Law and Products Liability for Kentucky on
Q: In the state of Kentucky, how many days does a purchaser have after taking vehicle into their name on title?

The vehicle has been driven since December 2020 but registration and tax bills have come to us after having car for over 7 months.

Timothy Denison
Timothy Denison
answered on Jul 12, 2021

Ten days.

Q: Water main broke. Flooded basement, washed out gravel, dirt, grass. Insurance claim denied as 'act of God'!?

God did not lay the pipe! Utility vendor insurance carrier says not liable for damages as no work had been done that was faulty, just normal wear. But also claimed 100 year pipe, only been 50 years in. Another main burst 100 yards down road yesterday. My damage was 4 weeks ago. Should I file... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2021

A North Carolina attorney could advise best, but your post remains open for three weeks. You could continue to await a response, but you could also consider reaching out to local attorneys with experience in civil litigation and property & casualty losses. This has the makings of a complex,... View More

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Dakota on
Q: I literally own these products and have been having hair loss and excessive shedding should I sue do I have a case

I have two shampoos as well as conditioners in my bathroom now I had no idea my hair shedding/ loss was because of these products which are the Johnson Johnson’s shampoos and conditioner I seen where someone is suing them because of the same reasons is this worth me even pursuing I don’t want... View More

Tim Akpinar
Tim Akpinar
answered on Jul 23, 2021

A North Dakota attorney could advise best, but your question remains open for two weeks. At this point, one option is to reach out to firms dealing with the products you were using. Product liability cases tend to involve extensive research and discovery. A firm that has already looked into or... View More

1 Answer | Asked in Personal Injury, Products Liability and Health Care Law for Texas on
Q: Using 3 1/2 years, but not everyday. use other shampoo/conditioner but since Retirement. I have notice hair lost.

I had notice that I was loosing my hair a lot, before I retired. Am I able to be part of the lawsuit?

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. You could reach out to the law firm(s) involved in such suit(s) - it appears you did some research and determined a current suit is pending. Keep in mind that if the matter involves... View More

1 Answer | Asked in Personal Injury, Products Liability and Health Care Law for Michigan on
Q: Hey, I was using this, had hair loss and scalp itching and dandruff from it. I’d there anything I can do?

Scalp issues, hair loss still going on. It has been a week since I quit using the shampoo and conditioner. I still have hair loss, my hair is my pride. If I bald from this I won’t be happy at all.

Brent T. Geers
Brent T. Geers
answered on Jul 12, 2021

You need to see a dermatologist. To be successful in a lawsuit, you will need to link the product to the condition through expert testimony.

2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Timothy Denison
Timothy Denison
answered on Jul 11, 2021

Sounds like a scammer. Notify your credit card company to deny or reverse payment.

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