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Louisiana Products Liability Questions & Answers

1 Answer | Asked in Products Liability for Louisiana on

Q: Same product and same name (almost).

If my company offer a product called, example: Lowphonies, and there already is a company with a product called, LowPhone.

We both offer the same product in the exact same niche.

Can this be a problem for me & my company? This "LowPhone" company is much bigger than us also.

Timur Akpinar answered on Feb 20, 2019

Try reposting your question in the "Trademark" section. It hasn't been picked up in four weeks, Products Liability is a category more about people who are injured by defective or dangerous products. Hopefully, one of the attorneys with trademark/intellectual property experience could pick up your... Read more »

1 Answer | Asked in Products Liability for Louisiana on

Q: So I was at someone's house and I sat on a bench/stool and as I sat on it, it broke. Can they make me pay for it?

I had done nothing to intentionally break they chair, but they want me to pay. I am a bigger guy but these chairs normally fit three people on them. I really don't think I should be paying for this since I had done nothing wrong. What should I do?

Timur Akpinar answered on Jan 29, 2019

It's a difficult situation. They could demand you pay for it; you could argue that it was not strong enough. But it seems like a situation that should hardly require a legal remedy if it involved a visit between friends. If I were the host, I would tell the guest not to worry about it because the... Read more »

1 Answer | Asked in Products Liability, Insurance Defense, Intellectual Property and Small Claims for Louisiana on

Q: What kind of attorney I need to sue Walmart for messing up my car?

I went to get a oil change and the mechanic told me he changed my oil and it would last me three months. When I tried to go to work the next morning I couldn’t. I had to turn my car off all of the oil leaked out. I had to catch a Uber to work. When I got off I had my car towed to Walmart.They... Read more »

Peter N. Munsing answered on Jun 29, 2018

If you have a receipt make several copies. Never give the original. Get an estimate from a mechanic as to what is needed to fix it.

1 Answer | Asked in Criminal Law, DUI / DWI, Personal Injury and Products Liability for Louisiana on

Q: I was in involved in a accident on a atv and the driver left the scene but I was charged why?

The driver was taken from scene and cleaned up never questioned or anything why did I receive the tickets when I was left there for dead?

Ellen Cronin Badeaux answered on Apr 18, 2018

You need a criminal attorney who also practices personal injury. More details are needed to answer your question.

2 Answers | Asked in Medical Malpractice and Products Liability for Louisiana on

Q: I live in Louisiana, do I have to use a faulty medical device attorney in Louisiana?

In April of this year I had to have a stent placed in my left leg. They went through the right groin area to do the procedure. When it was complete they used a Angio seal closure device and it failed and pretty much destroyed my right femoral artery. After my fourth surgery I developed a large... Read more »

Peter N. Munsing answered on Dec 8, 2017

Did you go through the La. Assn for Justice and ask if there were medical products attorneys? There used to be a number. Try those. If they say no, let me know. You can have outside cousnsel but then they'd want local counsel in many cases.

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2 Answers | Asked in Contracts, Products Liability and Small Claims for Louisiana on

Q: A guy broke my iphone but agreed to pay on video. He has also agreed via chat. But he is now avoiding me.

Can I sue in small claims court?

Brian Lehman answered on Feb 11, 2017

Yes. "An individual may file any money claim under the amount of $3,000 on the Clerks Docket; all other claims are filed under the Civil Suits."

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2 Answers | Asked in Consumer Law, Copyright, Products Liability and Trademark for Louisiana on

Q: Cartoon series called "The Ratman Chronicles". I buy the domain name - "www.ratman-chronicles-toys". Will I get sued?

I'm working to sell children's toys online as an affiliate marketer of I am trying to determine if I'm legally allowed or permitted by The Ratman Chronicles authors/owners to feature the same words as are in the TV series title itself as a part of my domain name I purchased in order to... Read more »

Peter N. Munsing answered on Jan 18, 2017

The domain name I believe is OK. Thre rest of it is murky and you'd really need to get some advice to avoid major issues.

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1 Answer | Asked in Products Liability for Louisiana on

Q: Hello, if a client was injured while on a city bus that had a faulty braking system, is that tort and product liability?

Can it be personal injury as well as products liability if the bus manufacturer issued a recall one month after the accident. The bus ran a traffic signal and was hit broad-side by a passenger vehicle.

Adam Studnicki answered on Aug 20, 2015

A products liability case is a type of personal injury case. There may be claims against various parties here. Talk to a local injury lawyer to help you sort out the details. Don't delay, as there are strict time deadlines for making legal claims!

Please Take Notice: I am not your lawyer...
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1 Answer | Asked in Products Liability for Louisiana on

Q: What was the outcome in the Savette v Sealy case? (Stearns Foster mattress)

I am trying to collect on my Stearns Foster warranty. My bed is only three years old and sagging terribly. They denied my claim due to "stains". I found the above case doing research , but no outcome was posted.

Adam Studnicki answered on Aug 4, 2015

I believe the suit is in North Carolina. Contact the plaintiff's lawyers in the lawsuit.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
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