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Florida Products Liability Questions & Answers
1 Answer | Asked in Products Liability for Florida on
Q: I parked my motorcycle in parking lot belong to the hotel and got stolen there can I sue the hotel or no?

The hotel said they don't have camera and they got nothing

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 28, 2018

The hotel probably isn't liable, unless they suggested somehow that they would do anything special to look after your motorcycle.

1 Answer | Asked in Products Liability for Florida on
Q: My child started getting sick after we moved to a new home, and the doctor told us it was lead poisoning. Come to find,

our walls have lead-based paint, which was not revealed on inspection. Do we sue the inspector or the last homeowners for my son's medical expenses?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 15, 2018

You would sue both.

1 Answer | Asked in Criminal Law, Products Liability, Federal Crimes and Identity Theft for Florida on
Q: Hello, I’m starting a medical club and want to have personalized/customized scrubs as our club shirt. Is it a problem?

Problem as in we get a fine, commit a crime/felony, or if it is possibly considered impersonating a physician. The club members will only be wearing the shirts in our clubs and Club community service events and have a logo on the back which will distinguish the shirts as not being actual medical... Read more »

Jonathan Blecher
Jonathan Blecher answered on Feb 12, 2018

As long as you're not practicing medicine, treating patients or holding yourself out as a licensed doctor, I think you're OK. I have a Halloween costume with a white lab coat that says, Dr. Ben Dover and I wear scrubs underneath.

1 Answer | Asked in Consumer Law, Products Liability and Real Estate Law for Florida on
Q: Previous homeowner (over 2 years ago) has Nordstrom orders still shipping to our address. What do I do? I live in FL.

I have contacted FedEx, UPS, USPS, and Nordstrom. We still get her stuff. I have sent back all of them so far, but it's getting ridiculous. At what point are they no longer my responsibility? Can I ever just ignore them, throw them out, etc? I've gone above and beyond, in my opinion, by spending... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 25, 2018

Not sure that there is a Legal answer here. You will just have to use your judgment. I personally do not think that you have any responsibility. The very weird issue is that this person is apparently paying money to buy products and yet is not getting the items. The whole situation seems very... Read more »

1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Products Liability for Florida on
Q: If a person is not in their right mind to make a proper Choice can they be held responsible for the choices they make?

While under the influence of any mind altering substance you are not in your right mind to make proper judgement or any choice. Therefore if a person was drunk before deciding to drive, would not this be more of a temporary insanity induced by chemical substances. How could the person have made a... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 17, 2018

In short yes. The decision to drink and drive is a crime. There is no escape by claiming insanity. There is quite literally thousands of pages of case law on the topic. Many have tried this defense before and it always comes up short. If you have been charged with drinking and driving, you... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: My hip implant turned out to be defective (along with most of the ones made in the same batch as mine). Do I have to

join a class action suit if one forms or can I sue on my own?

William B. White
William B. White answered on Jan 10, 2018

Like many legal issues the answer depends on numerous factors. These include issues like the make, date and the time of discovery of your defective implant. Also, if a class action already exists you could potentially join or you may choose not to join and bring your own direct lawsuit. If a class... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: Can i sue? Is it worth it? Hard plastic shard semi swallowed from drinking coffee.

I bought a frozen coffee from dunkin donuts today around 540am sipped on it throughout the morning as usual. Around 10am when i had about finished the whole coffee i noticed what i had thought to be a chunk of uncrushed ice in my mouth. (Since its common i thought nothing of it) when i went to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 9, 2018

Evidently you were not injured. If not, you probably don't have the right to sue.

1 Answer | Asked in Products Liability for Florida on
Q: I think some defective tires caused my recent car accident in which I injured another driver. How do I prove that?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

In any product defect case that caused an injury or damage of some kind, the products themselves must be preserved in the same condition they were in at the time. Without the tires in the condition they were in at the time of this incident, you may not be able to prove that the tires were somehow... Read more »

1 Answer | Asked in Personal Injury, Products Liability, Environmental and Landlord - Tenant for Florida on
Q: can i get you to call me?

where i rent.....the landlord has promised to fix things, 5 mnths later we still have no elec. in half the house, we have sever roach infestion he promised spray and has never. floors in the hallway falling thru, the deck broke and my mom fell thru it and hurt her self 3 months ago and still he has... Read more »

Christopher Reynolds
Christopher Reynolds answered on Dec 7, 2017

That sounds like an awful living situation. There are landlord/tenant laws in Florida that protect tenants such as yourself. Call a local landlord/tenant attorney to discuss your situation and see what options you have.

Please be advised that these communications do not create an...
Read more »

2 Answers | Asked in Products Liability for Florida on
Q: What happens if a product that was put into me via surgery is recalled for a defect? Do I have to have another surgery?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2017

That's not really a legal question but a medical one. Your recall notice may have a phone number to call for further information, or you can check with a physician.

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1 Answer | Asked in Products Liability for Florida on
Q: If a foreign corporation made a portion of the product that injured me, can I sue them in a US court?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 10, 2017

Perhaps. But a products liability case will be very complex. Don't try to do it without an attorney. Such an attorney will know whether the foreign corporation can and should be made a defendant.

1 Answer | Asked in Products Liability and Lemon Law for Florida on
Q: I purchased a used car a month and a half ago. The check engine lite is on and it leaks oil. Can I return it?

It is the same problem since I first got it home. I have returned to the dealer 9time as of yesterday. I have asked him to change the car or return my money,but he refuses. How should I deal with him , and how do I deal with the lender. I contacted them about the problem but they have no interest... Read more »

Matthew J Ausley
Matthew J Ausley answered on Oct 19, 2017

The state of Florida has a “Lemon Law” which may apply in your situation. Essentially, you will deal directly with the car’s manufacture to have your car fixed or get your money back. You can find out more information on the process by going to the website of the Florida Office of the... Read more »

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Traffic Tickets for Florida on
Q: I am trying to find out if it is legal for a tow company to boot a vehicle on private property as soon as you pull into

I am the main provider for my family. I travel a lot and had the opportunity for the first time to take my kids to school. My son and daughter go to charter school here in Riverview, FL. My son starts school at 7:45am and my daughter starts at 8:30am and the schools are across street from each... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Oct 9, 2017

Honestly, what you describe sortof sounds like a scam, but in the long run you probably got done with it the best way possible and likely the cheapest. You might report the incident to the police to see if they have encountered similar complaints.

Typically parking in a common unit parking...
Read more »

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Q: Is dangerous trunk design that caused injury grounds for recall/lawsuit?

The 2008 Lincoln MKZ we own has an incredibly heavy trunk that closes with a dangerous amount of force. Today when loading groceries into the car, it closed on its own and hit my back/hip with such force that I can barely walk. I have an appointment with urgent care tomorrow but I am so angry... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2017

Start by taking it to the dealer to see if it is working as designed. It looks to me that it's not functioning the way it came out of the factory.

2 Answers | Asked in Products Liability for Florida on
Q: I was driving a company car and it was deemed due to mechanical failure -- does the company sue, or should I?
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 21, 2017

You had an accident, I assume. Were you injured? In that case you would consider suing. The company would probably have to sue for any damages to the vehicle.

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1 Answer | Asked in Consumer Law, Products Liability and Education Law for Florida on
Q: My college changed their SAP rules without notification leaving me without regular financial aid. Is there recourse?

I have a BA already, but I'm working on an AS for career reasons. In past semesters, receiving federal loans hasn't been a problem, but my college has changed the way they calculate standard of academic progress (SAP) without ANY notification. Initially their exscuse why my fin aid wasn't appearing... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 31, 2017

Is it for profit? If so there's your problem. Maybe it's ptoblem was it ran into accreditation or other issues. As to notice requirements they should have told you but whether that is something you can bring a lawsuit for is something a specialist in collegiate /student relations would have to... Read more »

2 Answers | Asked in Products Liability for Florida on
Q: Does an item have to be under recall in order to bring a lawsuit?
William Head
William Head answered on Aug 10, 2017

No, it does not. Go to Super Lawyers, and seek a product liability attorney near your city location.

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1 Answer | Asked in Products Liability and Legal Malpractice for Florida on
Q: My father had an asbestos lawsuit in Miami and settled some claims. He died in 2015, and I see after he died one

filed for dismissal. Then in 2017 my fathers attorney filed a joint notice of voluntary dismissal of all claims. Stating my mom and dad agreed. Even though he was deceased. Is this legal? Did we lose out? Can I file a claim?

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

If your mom and dad agreed and that can be shown, it's OK. However if an estate was opened then they need the consent of the estate and court before closing them.

1 Answer | Asked in Products Liability for Florida on
Q: My child was injured by what I believe was a faulty product - do I sue or is the suit brought by him?
Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

Either you bring it or he may bring it when 18. Contact a member of the Fla. Justice Assn who handles product cases--they give free consults.

2 Answers | Asked in Products Liability for Florida on
Q: If a product seems defective can the product warnings offset the defect?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 23, 2017

Possibly. That is, after all, the idea of most warnings printed on the product or the package.

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