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New Jersey Products Liability Questions & Answers

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... Read more »

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 be... Read 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... Read more »

H. Scott Aalsberg Esq. 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 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 the... Read 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... Read more »

H. Scott Aalsberg Esq. 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?

H. Scott Aalsberg Esq. answered on Dec 21, 2018

Generally to win you should have two things negligence and damages without one or the other your lawsuit is bound to fail. Speak with a lawyer to see what can be done in your case.

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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 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 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... Read more »

Leonard R. Boyer 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 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 Esq. 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.

1 Answer | Asked in Products Liability and Car Accidents for New Jersey on

Q: My brother, my girlfriend and a mutual friend of ours went to a club one night. It was about 1am in the morning and my

Girlfriend was ready to go, we all carpool. My brother who car we used that night told me to take the car and take my girlfriend home he was going to get a ride home from someone else.. on my way home I had an accident with the car, nobody car was hit only damages to his car. After police reports... Read more »

Peter N. Munsing answered on Feb 2, 2018

You can have law suits but you all at some point may want to sit down to dinner again so I think it makes sense to see if there is someone that can mediate the dispute.Did you or did someone's insurance pay for the damage to the car you damaged.That's what you have to pay.

1 Answer | Asked in Patents (Intellectual Property) and Products Liability for New Jersey on

Q: If I wanted to produce this type of device, how do I go about contacting the inventors of this patent?

I want to commercialize a tennis ball mower that collects balls directly into a basket at an elevated height, so that one does not have to ever bend down to pick up any balls. This patent seems like that is what they are describing, but I am uncertain. Currently on the market there is a tennis ball... Read more »

Kevin E. Flynn answered on Dec 25, 2017

I do not know the specific patent number you are referencing so I will give a generic answer.

NOTE -- some of these steps can be done in different orders but I listed the easier steps first.

1) Calculate when the term for this patent if all maintenance fees are paid. See my...
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1 Answer | Asked in Criminal Law, Products Liability, Insurance Defense and Securities Law for New Jersey on

Q: A year ago my father took my laptop to try and get it fixed. He gave it to a man that he found online.

We lost contact with this man and my father has almost no way to contact him. I had thousands of pictures and hundreds of documents on there and I am worried I won't get it back. How should we go about this??

H. Scott Aalsberg Esq. answered on Dec 13, 2017

Best bet is to hire a PI to find the guy if it is important to you, then you can determine what your best options are. If you can't find the guy you can't really do much. He did not steal the laptop and may have tried to contact you and he may say you did not pay for the services rendered etc,... Read more »

1 Answer | Asked in Products Liability, Construction Law, Consumer Law and Contracts for New Jersey on

Q: how can i cancel with him over the phone and have proof of this . Will a phone conversation be tape and serve as proof?

On Friday December 1st i contracted a handyman to complete my Kitchen job he estimated that the total would be 3200 for the labor and that he needed 50% deposit so i gave him 1600 dollar and he patched up a couple holes in the wall with plaster and then stated that he will be back the next day... Read more »

Peter N. Munsing answered on Dec 5, 2017

You would ideally give him a copy by hand delivery, but voice and sending a mail cancellation will do.

1 Answer | Asked in DUI / DWI, Products Liability, Appeals / Appellate Law and Municipal Law for New Jersey on

Q: What can I expect at court? How much would the fines be? Could I lower ask for the judge to lower the fine?

I had a sealed water bottle of about half of liquor. I was on line to attend to a frat party whe then cops stopped me when I was holding the bottle of water. He asked me if that was alcohol and I didn’t know what to say so I looked at my friend. Then the cop started to yell at me. I wasn’t... Read more »

H. Scott Aalsberg Esq. answered on Sep 22, 2017

If you put alcohol in the bottle it was no longer sealed it was an open container under the law. Because you have not given a violation number we cannot tell you the penalties you face and what can be done. That being said if it is a 2C charge you bugged problem is not the fine but possible jail... Read more »

1 Answer | Asked in Products Liability, Business Law and Construction Law for New Jersey on

Q: what is the compensatory damages for contractor when a product is defective

2 decks were refinished by a company using a product. the product was later found out to be defective. The job needs to be done completely over.

William Head answered on Aug 13, 2017

Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.

You problem is, that the claim is too small for most civil lawyers to want to...
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Q: Are USB C Hub Devices with 4 to 8 ports patented?

I intend to sell usb c hub devices on amazon. I see bunch of sellers there but i was wondering if there are any patents that could pose legal issues if i decide to sell this type of products:... Read more »

William Head answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.... Read more »

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1 Answer | Asked in Family Law, Products Liability, Civil Rights and Probate for New Jersey on

Q: Executor of my grandfather's will is not responding. Is it possible that she has spent the money?

My grandfather passed away in NJ 6 years ago. He left his sister (my great aunt) as the executor of his will. My mother read the will, since I was too young to read it, and found out my grandfather left my younger brother and I money that will be distributed in payments starting at the age of 21.... Read more »

William Head answered on Aug 10, 2017

You need to get an attorney involved, based on these facts. Go to Super Lawyers, look up Lawrence N. Lavigne, 908-687-7750. If he cannot handle your matter, please ask him for a referral.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on

Q: I was put on bone meds for many years and lost more densitity each year. I lost had bones and still am.

Can I bring law suit against these co? Fosamax, actonel etc. For my skeleton not jaws??? I've been diag with intractable pain due to demineralized bones and failure spine fusions.

H. Scott Aalsberg Esq. answered on Apr 30, 2017

Yes you can bring a law suit the question is can you win, and even more importantly can you find a lawyer who would take the case as these cases are very expensive to prosecute against a drug company with deep pockets. Thus a lawyer would probably want a retainer up front and a portion of the suit... Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Employment Discrimination for New Jersey on

Q: Can a record telephone conversation which is with consent of one of the callers be used by the latter for

use in a civil case beteen the same two parties.

H. Scott Aalsberg Esq. answered on Apr 6, 2017

Exceptions always exist but as long as one party to the conversation consented you should be good.

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