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Florida Products Liability Questions & Answers
3 Answers | Asked in Personal Injury and Products Liability for Florida on
Q: I was served sharp plastic pieces in a frappe from McDonald’s nearly died choking on it. Went to the ER

Nearly died choking on plastic from frappe that I bought from McDonald’s . Immediately went to the nearest gas station and poured my frappe in the sink so that I could see how much plastic was actually in there or if it was just one piece. I found several pieces of very sharp plastic in the... Read more »

Adam David Rieth
Adam David Rieth
answered on Sep 2, 2022

A claim could be made against McDonalds. You should retain an experienced injury attorney as soon as possible to evaluate your claim. Most experienced injury attorneys will offer free case evaluations.

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1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: If I have not been paid My accepted settlement offer For over a year now. Can I still fire my attorney?

The settlement was offered the first week of September 2021 . I was told if I accepted the settlement I would receive the monies by December 2021 no later than January 2022. That was the reason I signed the DocuSign accepting The settlement offer which I thought was very low for 10 years of... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 29, 2022

You can fire your attorney at any time for any reason, but the terminated attorney would then have a lien on your case for his/her fees and cost expenditures - and in some cases, that can scare off other attorneys from taking the case. You did not state the reason for the delay, which seems... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: So situation with skittles pops up like week after I just ate some ,my favorite candy is that a case for me ?

I have proof of skittles purchase before it was posted

Adam David Rieth
Adam David Rieth
answered on Aug 5, 2022

I am not sure what skittle situation you're talking about. I know recently a California man sued skittles over the ingredients included in the product. If you're concerned about the ingredients in the product, I'd stop consuming it. Also, an important part of any case is damages, so... Read more »

1 Answer | Asked in Contracts, Products Liability, Civil Rights and Intellectual Property for Florida on
Q: What can I do I signed POA to boyfriends mother to get my car out of impound. How do I get my car back?

While my now ex boyfriend and I was in jail. A friend got my car impounded. I could have sold it but I didn’t want to. My daughter’s grandma was even offering to get it out. To give to my daughter but she wanted to put it in her name. I didn’t want to sell it so my boyfriends mom said she... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2022

Whether there is something you can do that would have very good odds in your favor depends on the powers you specifically gave her in the POA. Was the power strictly limited to removing the vehicle from impound in order to give it to you, or was it more general? Either way, a good first step... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Real Estate Law for Florida on
Q: If I purchase a model home from the builder who wants to lease it back for 6-7 months what insurance should he carry?

I'm struggling to find a home policy that will cover my liability during the builder lease back period as they say residence is being used for commercial purposes. In the tenant policy they have this but is that enough to protect me?

18. RISK OF LOSS/INSURANCE.

A. Landlord and... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

I'm sorry your question remains open for three weeks. This could be something that an insurance professional would be in a better position to advise on than an attorney. An insurance broker would probably want to discuss the situation more thoroughly than is possible in the brief question... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: On April 13 2022 I opened a sealed 5 lb tub of butter and I found a very hard piece of plastic laying on/in the butter

I took picture and video of it. Who do I contact, the company that made it or the store...hire an attorney?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 16, 2022

Why hire an attorney? Assuming you didn't eat the plastic, you didn't suffer any damages.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Real Estate Law for Florida on
Q: I found blood on a napkin from a drive through restaurant and wiped my face with it... what do I do. ??

It wasn't my blood or blood from food. It had to have been from an employee on purpose..

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2022

A Florida attorney could advise best, but your question remains open for five weeks. One of the issues that could confront a claimant in a situation like this is the element of damages compared to the cost of litigation. But that's only a generality. For a more meaningful assessment of the... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Florida on
Q: My place was broken into and a month later truck was stolen police reports on both insurance wont pay what

Easier to explain on phone. Insurance company was wanting me to give then phone logs bank statements and all. The truck was stolen and wrecked not able to drive insurance company didn't send an adjuster and tow yard auctioned while husband was incarcerated. Extra keys were taken in first break... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 16, 2022

I'm sorry this happened to you and your husband. A Florida attorney could advise best, but your question remains open for two weeks. It looks like you want to explain your situation on the phone, but this forum doesn't work like a referral service. Attorneys can't reach out to you -... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Florida on
Q: What can I do? Suing GM will take years.My cars totaled price will never get me close to a reliable vehicle I need 4work

Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Feb 12, 2022

Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Florida on
Q: A driver hit my car at my job's parking lot and he was driving a rental. Is the rental company supposed to fixed my car?
Linda Liang
Linda Liang
answered on Jan 11, 2022

No. The renter's insurance company. The renter should have insurance covering the rental car. You should look to that direction.

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for Florida on
Q: Do I have a case against the medical company who made a product that has caused chronic pain and 2 surgeries this year?

After having complications and surgery from the mesh for my bladder my doctor used a product called macroplastique (Pfizer ) which is a filler that is supposed to last forever. Afew years I started having constant pain and bleeding, which at first the dr thought were bladder infections and kidney... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 30, 2021

A Florida attorney could advise most meaningfully with regard to state law elements, but your post remains open for two weeks. But as a general matter, it could be difficult for an attorney in ANY jurisdiction to advise based on these facts alone, despite your description offering meaningful facts.... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Products Liability for Florida on
Q: What are the legal limitations when it comes to damages done to a home during a search by the police?

My rental property was destroyed to the point that the house is now unlivable. They broke every window in the house, tore all doors off and damaged the structure. Broke beams

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 27, 2021

Since you are renting you do not own the premises, so report all of this to your landlord or their agent.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... Read more »

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1 Answer | Asked in Products Liability and Business Law for Florida on
Q: Can a licensed esthetician in Florida preform teeth whitening services if certified?
Jane Kim
Jane Kim PRO label
answered on Nov 27, 2021

You need to call your licensing board and ask.

2 Answers | Asked in Products Liability for Florida on
Q: Question about limiting liability for an Ecom product.

We have a product that we would like dropship from a supplier here in the US. The product is a 20ft aluminum flagpole kit. The question is, are we going to be liable for any damages incurred from the use of the product? If so, what would be the best way or ways to protect ourselves? We're... Read more »

Linda Liang
Linda Liang
answered on Nov 15, 2021

This is a product liability question. Vendors and manufacturers have joint and several liability when it comes to damage caused by the products. That is to say, you, as the supplier, will stay liable for your product after you have shipped them. The only way to avoid product liability is to make... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Options for kitchen cabinet delivery without notification, just dropped and left outside for 2 days in rain-damaged

Hello,

I ordered kitchen cabinets online from a dealer in another state. The first delivery (of 2) was supposed to be delivered with prior notice to my contractor. The freight company just dropped the pallets in front of the garage where they stayed for 2 days in constant rain. Nobody was... Read more »

Linda Liang
Linda Liang
answered on Nov 1, 2021

It's clearly a negligence case. Meaning it is common sense that someone should be notified right away considering the possible rain. You should hire an attorney to write a demand letter.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Does the Truth in Lending Mean I don’t have to make a down payment on a car
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 21, 2021

No. "Truth in Lending" is a well-used financial phrase used to remind people that the government requires lenders to disclose all the interest, fees and other costs related to each lending transaction.

However, it does not apply to every kind of lender there is out there; for...
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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.

2 Answers | Asked in Products Liability and Admiralty / Maritime for Florida on
Q: We are sending material discovered located in our diesel tank for testing. believe an employee put a product in the tank

Our boat was in the yard for repair. We believe a product was placed in the tank to cause harm to us and the boat.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2021

And what is your question?

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Q: What are my legal options for fair business practices when replacing multiple failed transmissions?

I had an issue with a torque converter and was told by 2 different mechanics that I might as well get a whole rebuilt transmission. In a matter of 2 weeks, I had to take my car to the mechanics 4 times. First to replace my bad transmission with a rebuilt one, then to service it, the to replace it... Read more »

Linda Liang
Linda Liang
answered on Jul 5, 2021

You need to find a couple of experienced mechanics to give you expert opinions as to there has been any foul play. Let them put their opinions in writing. After that, you can bring it to a commercial litigation attorney for a consultation as to whether it pays to sue them.

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