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Florida Products Liability Questions & Answers
1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Im a senior citizen Bought an HVAC for $5k. its never worked. 12 year warranty but dlr installer, mfg or dist wont back

I have all documentation and proof from point of purchase to defect determination. Unit has never worked and the installer/dealer won't fix or replace. There is a valid 12 year warranty but, no one from the manufacturer on down, will acknowledge responsibility. I am 63 (senior in FL) and no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

Contact the Florida Attorney General's Consumer Affairs Office. If the unit was paid for through a program that program should be notified .

You have a right to sue them and can sue them in small claims court.

Q: Can I file for a patent to improve a product on the market?
Kevin E. Flynn
Kevin E. Flynn answered on Feb 6, 2021

Yes you can. However, depending on whether your improved product falls within the original patent you may need a license to the original patent to sell a product. If your improvement is a kit to upgrade the original product then you may be ok. Lots of details and nuances. Best bet is to talk... Read more »

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1 Answer | Asked in Banking, Bankruptcy, Products Liability and Business Law for Florida on
Q: Yes I have a question, As a small business I have checked and it looks like something went wrong and I never got help

We are the number one minority, We are also for our clients a tax break when they file their taxes being we are in all ladies commercial/residential company.We are going on five years flipping homes. I have got to get Some form of income to keep the last five employees I have. I have already lost... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 13, 2020

I'm very sorry for your difficult situation, especially since it seems to have resulted from your being kind and thoughtful of your employees. You could consult with attorneys to investigate whether there is anything they might be able to do - but that could further add to your expenses - it... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... Read more »

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
Read more »

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1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: How do I research a us district court case by number?

This is a class action against Samsung Electronics USA. Case # 2:17-CV-01263-CCC. How can I look this up to see what's going on with it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2020

https://pacer.uscourts.gov/

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

1 Answer | Asked in Products Liability and Military Law for Florida on
Q: I am a living parent of a veteran that was heavily exposed to Agent Orange on Vietnam he has 4 other children who was or

He was named in a class action suit that was settled after he died and at the time all the children were minors and we never married. How can they find out what happened to this money that they should be entitled too.

Tim Akpinar
Tim Akpinar answered on Aug 18, 2020

I'm very sorry for your loss and your family's loss. This is something that the military law attorneys or veteran's benefit's attorneys here would know the most about. But you await a response for two weeks. There is a nonprofit organization that deals with veteran's rights... Read more »

2 Answers | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Who is responsible for the damage to my bathroom ceiling after upstairs owner neglected to get clogged pipes fixed??

My upstairs neighbor neglected To fix his leak and over the course of six months has been flooding me with poop water. He ruined my Venetian paint with yellow stains. In March he said he will fix it and I have been waiting ever since and today he told me he is only responsible to paint with regular... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2020

He is responsible to paint it the way it was before he damaged it.

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1 Answer | Asked in Products Liability for Florida on
Q: You If I buy online from China and resell that product in the U.S. is that legal? Because I’m not sure if they are real

I have a legal DBA to sell jerseys,shoes,hoodies, etc. I would be getting the products from China but reselling them in U.S. is that legal. Also they look real but is there a difference if they are not. Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2020

It is unclear whether you are asking about intellectual property law, import licensing, or something else.

1 Answer | Asked in Products Liability and Civil Litigation for Florida on
Q: I set off fireworks 7/4. 7/10 I get a letter from neighbors lawyer asking for $1200 due to damage from the fireworks

to their cars. If they sue how can they prove this? At least 3 others nearby shot off fireworks too. They sent a pic but it doesn't show scratches or anything and the cars are a few years old. Should I ask to see estimates?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 14, 2020

Yes, and ask for their proof that you, and not someone else, caused the damage. For only $1,200, it is doubtful that an attorney will want to spend that much time on what I'm guessing would be a small claims case, so it might not go beyond the demand letter. Contact your homeowner's... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: I use icognito every day since 2013. And I want to complain against Google too. I need information to do it.
Adam Savett
Adam Savett answered on Jun 8, 2020

This is a brand new case that was just filed last week.

There is no settlement, no judgement, nothing to claim at this point.

Class action cases take time, often 2-5 years from the time they are filed until they are resolved.

And there is no guarantee that the case will be...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Gaming for Florida on
Q: Can I sue a scam app???

If an app advertises winning real money, and they really don’t pay out to anybody, would that be a good reason to sue for false advertising. Especially if someone spent money on in game purchases and got nothing out of it?

Jonathan E. May
Jonathan E. May answered on May 28, 2020

It appears very likely that they were committing fraud and you were damaged by that fraud. I encourage you to sue them and report them to police authorities.

1 Answer | Asked in Products Liability for Florida on
Q: how do i know if I have a claim against purdue pharma. My mom died from long abuse from oxy in 2011
Tim Akpinar
Tim Akpinar answered on May 2, 2020

I'm sorry for the loss of your mother. You could contact product liability attorneys who handle pharmaceutical cases. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for Florida on
Q: I have a Florida product liability/fraud theory lawsuit. What statute do I base the claim on?
Tim Akpinar
Tim Akpinar answered on Apr 16, 2020

You are speaking of two different legal theories here. The reason your question remains open for two weeks could be that the matter suggests something more complex than one where a Florida attorney could offer a quick turnkey answer. Product liability lawsuits, to oversimplify, are based on... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: Practically new oil filter gasket came loose and caused engine damage... how to proceed?

My daughter recently had a major repair done to her car in Colorado. They also did an oil change. She drove to Florida with no problems. During some in-town driving in Florida, her car suddenly lost power, the door locks and radio controls were not working properly and it seemed to be an electrical... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 15, 2020

Yes, contact an attorney in Colorado; the case would probably have to be brought there.

1 Answer | Asked in Consumer Law, Criminal Law, Small Claims and Products Liability for Florida on
Q: If somone where to charge someone’s credit card without there permission or Pryor authorization what would happen

If someone charged my visa credit debit card without Pryor authorization the amount being $700.00 usd what could would should happen to said person?

Jean Richardson
Jean Richardson answered on Mar 6, 2020

The person can be charged with fraudulent use of credit card. You should immediately notify your credit card company if your card was fraudulently used. In addition, you can contact the local authorities if you desire prosecuting this person.

1 Answer | Asked in Products Liability for Florida on
Q: Sale on house with both parties on deed but not married

Boyfriend and I bought house and deed has both names on it when we sell is it a Florida law that the proceeds will be split between parties Can separate checks be made out as he feels I should not get anything I have made all the mortgage payments and he put a small amount down on home

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2020

If the two of you can't agree how to split the proceeds, one of you will have to sue the other for "partition".

1 Answer | Asked in Contracts and Products Liability for Florida on
Q: Can I sue to get my money back and give back the car?

I purchased a vehicle from a used car dealer, I asked prior to the purchase if there were any mechanical issues that needed to be addressed sooner rather than later, I was told no the car is perfect. I’ve fixed everything that needed to be repaired. I paid the $3,000 and I drove the car off the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You need to consult an attorney handling consumer protection matters in person, in order to show the purchase agreement and go through the whole story. One issue is whether you signed an "AS IS" contract (an unwise thing to do). If you did, that would present an obstacle to recovery,... Read more »

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