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Florida Products Liability Questions & Answers
1 Answer | Asked in Products Liability and Civil Litigation for Florida on
Q: I noticed a dog toy that I stock in my store has a sharp edge on all of the toys. I pulled them from the rack and told

the manufacturer but they've never responded to me. Can I sue them to get them to stop making the toy? No dogs have been injured to my knowledge, but I'm worried one might be.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 22, 2018

No, you can't sue. You don't have standing. Simply continue to refuse to sell the toy.

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Florida on
Q: husband Wife both plaintiffs in PI. The settlement offered was accepted by my husband and lawyer without me knowing

Lawsuit filed for PI with faulty. My husband and I hired lawyer. Contract is with husband AND me. Plaintiffs are husband AND me. The settlement was offered and lawyer called husband and made agreement without even talking with me. Aren’t I just as much a part of the case as well? Even though he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2018

You should have asked this in Justia › Ask a Lawyer › Puerto Rico› Personal Injury ›, but my guess would be that your lawyer should have got your approval as well as that of your husband. Refuse to sign the release if you don't want to accept it.

1 Answer | Asked in Products Liability for Florida on
Q: does a verdict have to be unanimous in product liability case in the state of California
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 9, 2018

I'm curious: why did you ask this question in the Florida forum? You should re-ask it here:

Justia › Ask a Lawyer › California › Products Liability ›

1 Answer | Asked in Products Liability for Florida on
Q: does a verdict have to be unanimous in product liability case
Robert D. Kreisman
Robert D. Kreisman answered on Aug 9, 2018

It depends on the state jurisdiction. In Illinois, all jury trials need to be unanimous. If not, that would lead to a mistrial; a "hung jury." You should contact a FL attorney for the answer in your venue assuming you're speaking about a FL case. A federal jury case requires a... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: If the company already paid for a replacement can I still sue them?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 27, 2018

Did you suffer bodily injury or otherwise suffer monetary loss in addition to the cost of the item that was replaced?

1 Answer | Asked in Contracts, Products Liability and Real Estate Law for Florida on
Q: If you sign an assignment of benefits from your insurance company to acontractor and they do not do the work, what to do

if you sign an assignment of benefits between your insurance company and contractor, and the contractor does not do the work properly, even damaging your property, what can you do?

Jonathan A. Klurfeld
Jonathan A. Klurfeld answered on Jul 3, 2018

Contact your insurance company, the ones who paid then, and let them know the work they paid for isnt being done.

1 Answer | Asked in Products Liability for Florida on
Q: I hurt myself using a power tool that I modified. I still think it was too dangerous by default. Can I sue?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 8, 2018

If the defendant (manufacturer, dealer, etc.) can prove that the accident would not have occurred but for your modification, I don't believe you could successfully sue. Speak with an attorney who does product liability litigation.

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: any suits on l.c.s complete knee re[lacements
Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 16, 2018

Possibly, but don't know for sure. Best advice is to consult with a Mass Tort / medical malpractice law firm in your area or near your area. Those types of firms will be in the best position to handle that type of claim.

Good luck,

1 Answer | Asked in Civil Litigation, Civil Rights and Products Liability for Florida on
Q: I rented a car from the Turo app for a week. I got pulled over by the police for an improper left. The officer gave me 3

tickets. One for the improper left. Another for expired registration and the last for proof of insurance. I later found the insurance for the car and it was expired also and the decal was from last year. I brought this to Turo’s attention and they let me know that they would take care of it.... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Mar 5, 2018

Potentially yes, as to the insurance issue and the expired registration. Your case against them will be civil, whereas the 3 tickets against you are likely traffic related. While they revolve around the same issue, your civil suit against them or claim of a civil suit will not absolve you of... Read more »

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... 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.

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