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New York Products Liability Questions & Answers
2 Answers | Asked in Insurance Bad Faith, Personal Injury and Products Liability for New York on
Q: Why would a claims adjuster deny a claim and then turn around and want to offer payment for pain caused by the incident?

I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.

Before the insured sent the complaint over to... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 30, 2021

It's difficult to say what the cause for the change in position on the part of the insurance carrier was without seeing the file and all communications. But what you describe is not uncommon. A claim could initially be denied because the examiner has not been presented with sufficient evidence... Read more »

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1 Answer | Asked in Products Liability for New York on
Q: I filed a case against Johnson and Johnson and I found out the law firm I'm with is not reliable. So I'm trying to see

If my case is in court like they told me. I've been waiting for years.

Tim Akpinar
Tim Akpinar answered on Sep 19, 2021

You could ask your firm directly. It's a fairly straightforward inquiry. If you filed the case, then you already have an index number. If you had the law firm file (which is generally more common), you should be able to determine that an action is pending on your behalf through an index... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I’ve Been using these products for years

What can I do

Tim Akpinar
Tim Akpinar answered on Jul 8, 2021

If you are talking about about a situation where you were injured from using a product that was defective or unreasonably dangerous in some way, you could reach out to product liability attorneys to discuss in greater detail. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for New York on
Q: Can I win my money back in court without a receipt

A business owes me $600 and they do not want to pay me without a receipt but I only have one of the receipts can I win the money if I go to court

Tim Akpinar
Tim Akpinar answered on Mar 30, 2021

It could be up to the judge. It's difficult to answer your question with certainty, because it could depend on the willingness of the court to look at other evidence in the file. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: i need a lawyer who handles claim for Hyundai elantra 2012 in NY or near NY
Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

This would be for a nine year old vehicle and you or they will need expert testimony. Be aware that if it is just for repairs, that will likely not be a case that any attorney will take, and you will have to have a mechanic ready to testify that it was a manufacturing defect that casued the... Read more »

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1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
John Kiritsis answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... Read more »

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

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1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... Read more »

2 Answers | Asked in Consumer Law and Products Liability for New York on
Q: Is it legal to sell items like old paint or insect killer spray, which may contain toxic compounds, at a garage sale?
Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
Read more »

1 Answer | Asked in Business Law, Products Liability and Consumer Law for New York on
Q: Can a business such as an online business, sell a product under an entirely different name than the manufacturer calls

For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... Read more »

Tim Akpinar
Tim Akpinar answered on May 7, 2020

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... Read more »

1 Answer | Asked in Products Liability for New York on
Q: Choking on product found in a packaged meal. Do I have a right to sue company?

Can't eat now and my 6 year old has anxiety since seeing me choke

Tim Akpinar
Tim Akpinar answered on Apr 15, 2020

I'm sorry for your ordeal. It could be difficult to base a case on these facts alone. If there was any type of medical response involved, and documented injuries, those could serve as evidence of an injury. You could consult with an attorney for a more in-depth opinion. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability and Business Law for New York on
Q: What does “606- Abandoned- No statement of use found” mean. Searching files for UTB talent management.
Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

It means someone filed for the trademark as "intent to use" and there was a failure to complete the registration because a statement of use was never filed. Here is the explanation from the USPTO https://www.uspto.gov/trademarks-application-process/abandoned-applications

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... Read more »

James Avery
James Avery answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

1 Answer | Asked in Products Liability for New York on
Q: should I testify for guilty or non guilty for a petit larceny to get an ACD ? (I am a first offender)
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

You should present this question to a criminal defense attorney. You are in the Product Liability category, which is about people who are injured by dangerous products. You could find criminal defense attorneys in or near your county listed on this site, or through your own independent searches, or... Read more »

1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

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
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
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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