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New Jersey Products Liability Questions & Answers
1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: How do I request to file a late tort claim?

I was waiting for information from my town before I filed a claim. The town said I filed too late. How can I request approval for late filing?

Gerald D. Siegel
PREMIUM
Gerald D. Siegel pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2023

If you haven't filed the Tort Claims Notice within 90 days, your only choice is to file a Motion for Leave to file a Late Tort Claims Notice in the Superior Court. These are only granted by the Court sparingly for exceptional circumstances. I suggest that you speak with an attorney about this.

1 Answer | Asked in Products Liability, Copyright and Trademark for New Jersey on
Q: Is it legal to sell a product that has already been made? Even though I’d be making it myself but changing the name

I’d like to start my own business selling dog bandanas with a scrunchie back rather than a knot, which I saw the idea from company Hunnypotpup. I also wanted to make matching scrunchies with it, which that idea comes from the Foggy dog. I believe they are both trademarked. Is it legal to use both... View More

Emmanuel Coffy
Emmanuel Coffy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 28, 2023

Here are some general points to consider based on your description:

Trademark vs. Copyright vs. Patent:

Trademark protects brand names, logos, and other brand identifiers from being used by others. It doesn't protect the idea or concept itself.

Copyright protects...
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1 Answer | Asked in Products Liability and Small Claims for New Jersey on
Q: I was warming my coffee cup from DD and the cup caught fire, there were no warning labels on the cup. How do I proceed?

I do this normally without problems. Standing there waiting for the coffee to warm. I saw the flames open the microwave grabbed the cup, and tossed it in the sink.

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

I hope you're okay. A question that could arise is that inexpensive, disposable cups are generally regarded as not being microwave-safe. I hope there were no injuries - there is no mention of them - but that is another question that would arise. What were the damages in terms of injuries? You... View More

1 Answer | Asked in Criminal Law and Products Liability for New Jersey on
Q: I'm the owner of a restaurant I build a storage in the basement area, can the fire inspector make me remove it
H. Scott Aalsberg
H. Scott Aalsberg
answered on Mar 25, 2022

A lawyer would need to review what exactly you did and then determine whether it complied with the rules and regulations of the town to answer your question. Although it may cost you a few bucks for an attorney to review this for you, it could save you thousands or tens of thousands in fines... View More

1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: My hair is falling out thanks to Johnson & Johnson shampoo & conditioner, Ogx ... what can I do ?

I used this product 2x my scalp is burning... everyday I lose more hair..

Tim Akpinar
Tim Akpinar
answered on Sep 13, 2021

You could check to see if there are any ongoing actions involving the products you used. When law firms handle product liability-based cases, some firms specialize in certain areas or certain product lines. You could also search attorneys independently on your own, or use the Find-a-Lawyer tab... View More

1 Answer | Asked in Products Liability and Patents (Intellectual Property) for New Jersey on
Q: I have invented a way to reload a patented one-use product. What risk do I take by developing a kit for the market?

My invention in no way modifies the product it simply allows the one-time use consumable to be reused more than once in the same manner for which it was intended.

Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2021

The answer is, "it depends." In some situations, such as refiling printer cartridges, the rule of "patent exhaustion" may apply. This rule is that a patent owner uses up their rights when they first sell a product.

However, the patent owner may also have engaged in...
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2 Answers | Asked in Bankruptcy and Products Liability for New Jersey on
Q: Hello I ordered from difeel and have not heard anything back from them and the tracking number was not ligit

And they have took my money of already for the order so im just wondering if they are a scammer company or ligit pls

Timothy Denison
Timothy Denison
answered on Jul 11, 2021

Sounds like a scammer. Notify your credit card company to deny or reverse payment.

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1 Answer | Asked in Personal Injury and Products Liability for New Jersey on
Q: I’ve been using these shampoos too and have experienced hair loss

https://dockets.justia.com/docket/illinois/ilndce/3:2021cv50226/404315

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2021

One option is to go online and look into whether there are firms currently handling actions involving the products. Product-based litigation is less generic than ordinary motor vehicle or premises cases, where law firms that pursue such cases often invest considerable resources in research and... View More

1 Answer | Asked in Products Liability for New Jersey on
Q: Our car caught fire while driving, no collision and nobody was injured. How can we go about recovering vehicle's value?

Insurance did not cover the fire

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

If you had comprehensive it should have covered. Get the policy, read the language.

You can only recover if an expert says it was due to a manufacturing defect. If it is relatively new that is easier than if it was bought used.

1 Answer | Asked in Construction Law and Products Liability for New Jersey on
Q: Lawsuits against Duraplex for manufacturer defects

Sunroom construction defects in workmanship/ product.

Noel Rivers
Noel Rivers
answered on Jun 17, 2020

A New Jersey attorney with experience with the New Jersey Consumer Fraud Act (CFA) would be able to speak with you regarding any defects in the sunroom you experienced. The CFA protects consumers and the acts and omissions of home improvement contractors are within its reach. To bring a claim under... View More

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on
Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... View More

Noel Rivers
Noel Rivers
answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would... View More

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3 Answers | Asked in Personal Injury and Products Liability for New Jersey on
Q: Is agreeing to dismiss a case without prejudice wise advice?

I have very serious injuries that have at times made me question why I even want to go on. My medical care is expensive and I need money for treatment. A number of people were injured similarly and my case was put in the MDL. My lawyer wants me to agree to dismiss the case without prejudice. He... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jun 18, 2019

Without knowing all the facts about your case it would be improper for a lawyer to tell you what to do does it sound a little different than normal yst but your lawyer could have a good reason. As for taking less today to avoid a trial 5 years from today that is common.

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1 Answer | Asked in Car Accidents, Products Liability and Small Claims for New Jersey on
Q: If a company school van hit and scratched my mirror on my van while I was parked what claim should I choose.
Tim Akpinar
Tim Akpinar
answered on May 27, 2019

It could be handled as a property damage claim against the bus company. Or it could possibly be handled as a first-party claim through your own carrier, depending on your policy. However, if it is a minor matter (you describe it as a scratch), it's possible it might not pass the threshold for... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury, Consumer Law and Products Liability for New Jersey on
Q: Q: i purchased a dog from an American Kennel Club dog breeder. She breeds dogs in her home in Pine Brook New Jersey.

I would like to sue her for my Costs.

Plu the Akc for fraud .she is not registered as a breeder for taxes and breeds in a residential area. she gave me fraudulent papers to register with the AKC that do not belong to my dog. My dog was born with horrible genetic health issues . She... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Apr 13, 2019

Unfortunately you failed to ask a question and only made a statement, I suggest resubmitting a question.

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2 Answers | Asked in Personal Injury and Products Liability for New Jersey on
Q: I got pieces of fiber glass in between my pointer & middle finger from wearing Sunset Brands Disposable Nitrile Gloves.

Can I sue the glove company?

Tim Akpinar
Tim Akpinar
answered on Jan 13, 2019

I hope you are okay and were able to remove the pieces without complication. It could depend on the level of protection that was represented to be offered through the use of the gloves, as well as the size and characteristics of the fiberglass pieces.

Tim Akpinar

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1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Q: I was injured physically during a mammogram after X-rays a & MRI I have a superior labral tear in my shoulder

I am under orthopedic doctors care since September

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2018

Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.

Tim Akpinar

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?
William N. Sosis
William N. Sosis
answered on Oct 11, 2018

No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for New Jersey on
Q: what recourse is there for non replacement of passenger airbag after recall?

I was told by ford in area im on list but have to wait longer,possibly august before more info is avail. its been a couple yrs and i feel its being pushed away in a file, Also told not to have a passenger in front,i can reach the airbag from drivers side so danger shifts to me. now i have my wife... View More

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2018

You can write a certified letter and send it to a corporate office at Ford's U.S. Headquarters, it will move the dealer to take care of your problem.

1 Answer | Asked in Car Accidents, Products Liability, Real Estate Law and Construction Law for New Jersey on
Q: Someone crashed their car into the side of our house — can we sue the driver or drivers auto insurance ?

Side of our house needs new siding, our home is historic- they destroyed an historic well on our property, new landscaping needs to be done. We have stress cracks in the inside where the car hit the outside of the house

Peter N. Munsing
Peter N. Munsing
answered on Mar 26, 2018

Get an estimate for restoring the well using the origninal materials. Run it through your homeowners they will go after the guy, get back your deductible is the easiest way. Make a calim against him. Questions? Contact a member of the NJ Assn for Justice.

1 Answer | Asked in Criminal Law, Products Liability and Wrongful Death for New Jersey on
Q: does a mother or a child of a gun victim has a legal recourse?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 14, 2018

The easiest recourse is against the person who used the gun, but generally they don't have any money to pay you. That being said you don't know until you try and other parties may have also been responsible.

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