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New York Products Liability Questions & Answers

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on

Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

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2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Products Liability and Business Law for New York on

Q: Destruction of Property- subcontractors

I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he... Read more »

V. Jonas Urba answered on Mar 8, 2019

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... Read more »

3 Answers | Asked in Products Liability for New York on

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

still sue over this?

Peter N. Munsing answered on Jan 8, 2019

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.

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1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on

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

Tim Akpinar answered on Nov 10, 2018

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

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on

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

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the franchise... Read more »

Peter N. Munsing answered on Oct 28, 2018

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.

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2 Answers | Asked in Personal Injury and Products Liability for New York on

Q: Found something disgusting in my Tropicana drink

Peter N. Munsing answered on Oct 28, 2018

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.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on

Q: Acorns withdrew 1,000. Unauthorized.

Acorns withdrew $1,000 from my checking account. Said it was a "one-time investment", but i never withdrew anything manually or agreed to anything. I need an explanation for this. There's nowhere in the terms & conditions that state that this would happen. Is there any legal action that i can take... Read more »

Michael David Siegel answered on Oct 5, 2018

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.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on

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

I am now 64 years old and at the age of 58 was diagnosed with severe Osteoporosis (i was told i have the bones of an 80 year old. I have seen several specialists who have no idea why I should have such a severe case. I do not smoke and i rarely drink. However, Scotia does fluoridate its water... Read more »

Tim Akpinar answered on Sep 25, 2018

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... Read more »

1 Answer | Asked in Products Liability for New York on

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

Tim Akpinar answered on Sep 10, 2018

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.

1 Answer | Asked in Products Liability for New York on

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

Camille Brooks Ibrahim answered on Jul 5, 2018

Potentially. Depending if a doctor can confirm an ingredient in the product scarred your skin.

1 Answer | Asked in Products Liability for New York on

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

Gary Certain answered on Jun 11, 2018

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... Read more »

1 Answer | Asked in Products Liability for New York on

Q: Is 40% reasonable for medical device lawsuit claim

Michael Bersani answered on Apr 4, 2018

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).

1 Answer | Asked in Civil Litigation, Contracts, Products Liability and Small Claims for New York on

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

I bought several computers from a person in NJ. He assured me over the phone and over text that 3 of the 4 computers were fully functional. After receiving them...none of the computers worked and they looked like they had come out of the garbage. I paid him $850. I live in NYC.

Michael David Siegel answered on Feb 3, 2018

You can sue in small claims in NJ or NY but collection is a definite issue.

1 Answer | Asked in Products Liability and Criminal Law for New York on

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

There was a fire in my apartment building and tenants are not allowed in, the workers have already stolen from other tenants, if my laptop goes missing what should i do?

Lee A. Koch answered on Oct 3, 2017

File a police report for the stolen Macbook. Your renter's insurance should cover it.

3 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Small Claims for New York on

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!

She sent me texts complaining about not having money and needing a phone so I offered to help and she said she would pay her half of the bill then went to Verizon and bought a new phone with me there. Then lost her phone and went and bought another brand new iPhone and raised the bill to well over... Read more »

William Head answered on Aug 14, 2017

Treat this as a valuable life lesson. Cut off that phone, asap.

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

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

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

I bought the premium warranty for $60 a year where I was garenteed faster compliance.

William Head answered on Aug 13, 2017

Your claim is a simple breach of contract. Take the case to small claims court. No lawyer will touch this case, in my opinion.

2 Answers | Asked in Products Liability, Business Law and Small Claims for New York on

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

I’ve purchased a brand-new car, but later found out that the car has been re-painted and the dealership did not disclose the information.

A couple weeks ago, I noticed the surface of the car was chipping away and when I called the company’s call center, I was told that the warranty... Read more »

William Head answered on Aug 7, 2017

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

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1 Answer | Asked in Products Liability and Small Claims for New York on

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

This happened at school and she is trying to make me buy her a new one. I offered to have it fixed but she wants me to buy her A new laptop. When I was passing through I said excuse me and her laptop was on the edge of the desk. Im currently in a very tough situation and cant pay for a $1000... Read more »

Ali Shahrestani, Esq. answered on Aug 2, 2017

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,... Read more »

1 Answer | Asked in Products Liability for New York on

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

do i have a case against the company.

Ali Shahrestani, Esq. answered on Jul 18, 2017

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,... Read more »

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