New York Products Liability Questions & Answers

Q: Destruction of Property- subcontractors

1 Answer | Asked in Criminal Law, Employment Law, Products Liability and Business Law for New York on
Answered on Mar 8, 2019
V. Jonas Urba's answer
How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside the point. The fact that you think they should have been licensed indicates that they probably did not have their own business nor other customers, probably did not decide how, how much, or when they...

Q: I never received a recall notice in the mail and then was injured as a result of not fixing the issue with my car. Can I

3 Answers | Asked in Products Liability for New York on
Answered on Jan 8, 2019
Peter N. Munsing's answer
If you didn't know about the problem with your car perhaps yes. Why not contact a member of the NY State trial Lawyers Assn who handles product cases? They give free consults.

Q: Do different types of product defects come with different amounts of damages you're able to recover?

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Answered on Nov 10, 2018
Timur Akpinar's answer
In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

Q: Found something disgusting in my Tropicana drink

2 Answers | Asked in Personal Injury and Products Liability for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
If you didn't get sick, complain, they'll give you a coupon. If you got sick contact a member of the NY State Trial Lawyers Assn.

Q: Acorns withdrew 1,000. Unauthorized.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on
Answered on Oct 5, 2018
Michael David Siegel's answer
I do not know what Acorns is. But you need to make a fraud complaint with the bank ASAP, and make a police report. You need to block this auto debit with the bank. Getting it back is problematic.

Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Answered on Sep 25, 2018
Timur Akpinar's answer
These types of cases could be complex, because of the level of scientific and medical expertise required. If you yourself are contemplating legal action, a consultation with an attorney could enable you to learn, at the very least, time tables, deadlines, statutes of limitations, and notices of claim requirements within which you must act to preserve your legal rights. There is an organization called the Fluoride Action Network. Their website posts resources about Fluoride. I am not familiar...

Q: I never got a recall notice b/c of a mail mix up -- does that mean I can't now get it fixed?

1 Answer | Asked in Products Liability for New York on
Answered on Sep 10, 2018
Timur Akpinar's answer
Maybe the best place to start here would be to contact the manufacturer or dealer. I didn’t see anything in the facts as to what the product was, but if the recall was related to safety or an issue involving risk of injury, reputable companies would likely be interested in addressing the matter.

Q: Can I file a lawsuit against a sunscreen company if because of their product I was horribly burned?

1 Answer | Asked in Products Liability for New York on
Answered on Jul 5, 2018
Camille Brooks Ibrahim's answer
Potentially. Depending if a doctor can confirm an ingredient in the product scarred your skin.

Q: If I win a products liability suit, will I recover medical expenses as well as lost earnings even if I'm unemployed?

1 Answer | Asked in Products Liability for New York on
Answered on Jun 11, 2018
Gary Certain's answer
If you prevail, in addition to recovering a financial award for pain and suffering, medical expenses, as well as lost earnings, are generally recoverable in products liability actions under New York law. However, to prove lost earnings a plaintiff will be required to demonstrate that the product-related injury either caused the plaintiff to be unable to continue working or be able to prove that the plaintiff would have otherwise been working if not for the injury.

Q: Is 40% reasonable for medical device lawsuit claim

1 Answer | Asked in Products Liability for New York on
Answered on Apr 4, 2018
Michael Bersani's answer
If you are in New York, the maximum that can be charged is 1/3, and 40% is not allowed (if your case is about a personal injury).

Q: I bought several computers from a person in NJ.

1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Small Claims for New York on
Answered on Feb 3, 2018
Michael David Siegel's answer
You can sue in small claims in NJ or NY but collection is a definite issue.

Q: If my macbook air is stolen by repair workers in my apartment, what should I do?

1 Answer | Asked in Products Liability and Criminal Law for New York on
Answered on Oct 3, 2017
Lee A. Koch's answer
File a police report for the stolen Macbook. Your renter's insurance should cover it.

Q: Someone who put a phone on my account refused to pay her part of the bill and has left me with an over $400 bill!

3 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Small Claims for New York on
Answered on Aug 14, 2017
William Head's answer
Treat this as a valuable life lesson. Cut off that phone, asap.

Then, if you have the time, sue her in small claims court.

Q: bought a PC from Alienware, wasn't working, took 5 months for replacement, do I have a right to compensation

1 Answer | Asked in Consumer Law, Contracts and Products Liability for New York on
Answered on Aug 13, 2017
William Head's answer
Your claim is a simple breach of contract. Take the case to small claims court. No lawyer will touch this case, in my opinion.

Q: Purchased a brand-new car, but later found out the car has been re-painted; not disclosed; surface chipping; fix refused

2 Answers | Asked in Products Liability, Business Law and Small Claims for New York on
Answered on Aug 7, 2017
William Head's answer
My suggestion is to call the Attorney General's office. If the dealer is too sleazy to pay, then you can bet this has happened before. You were sold a NEW vehicle, not one that had been damaged and repaired.

https://ag.ny.gov/bureau/consumer-frauds-bureau

Q: I was passing through the aisle in class a dropped someone's comeputer by accident Am I legally obligated to fix it?

1 Answer | Asked in Products Liability and Small Claims for New York on
Answered on Aug 2, 2017
Ali Shahrestani, Esq.'s answer
It depends on her own measure of fault, e.g., was the laptop too far out in the aisle? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: i took fosamax from 2005 to 2009 and now had a tooth pulled and then needed more teeth pulled because of infection

1 Answer | Asked in Products Liability for New York on
Answered on Jul 18, 2017
Ali Shahrestani, Esq.'s answer
You'll need to prove causation, and an expert witness may be necessary to your case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: Hello, My late mom has a lawsuit pending about injuries she received by a product. there was a conference held,

2 Answers | Asked in Products Liability for New York on
Answered on May 11, 2017
Ali Shahrestani, Esq.'s answer
The opposition is entitled to know about all requests and filings. They may also want a copy of the transcript. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts,...

Q: I bought a car from a dealership 3 months and they sold it to me with a ton of problems. Can they buy it back?

2 Answers | Asked in Civil Litigation, Products Liability and Lemon Law for New York on
Answered on May 6, 2017
Ali Shahrestani, Esq.'s answer
Is it a new or used car? Was there a warranty with the car? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

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