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New York Products Liability Questions & Answers
2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

If someone wants to bring a claim against you in small claims court, one option could be to discuss the person's dispute or dissatisfaction to find out if court could be avoided through negotiation. If the matter has already gone to court, the other option could be to determine if you have any... View More

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2 Answers | Asked in Products Liability and Small Claims for New York on
Q: What can I say in court if he wants to take it to small claims court.

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James L. Arrasmith
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answered on Nov 30, 2023

If you're facing a small claims court case, it's important to prepare your defense thoroughly. Begin by gathering all relevant evidence that supports your side of the story. This can include documents, receipts, contracts, emails, photographs, or any other material that is pertinent to... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 12, 2023

If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... View More

1 Answer | Asked in Products Liability and Business Law for New York on
Q: How do I take photoes as the photographer
Tim Akpinar
Tim Akpinar
answered on Apr 17, 2024

This doesn't sound like a product liability law question (the category chosen, which is more about injuries from dangerous products). You are probably not asking about non-legal aspects of taking photos when you mention taking photos "as the photographer" (as in technical attributes... View More

1 Answer | Asked in Contracts, Personal Injury and Products Liability for New York on
Q: Peace and Blessings! I'm owed $87 million regarding an AFFIDAVIT OF HAZARDOUS NEGLIGENCE which I need filed.

Who has the experience and results concerning such matters?

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

It could be difficult for attorneys here to respond with an outline of their experience. There's no solicitation here - the format is limited to general legal responses from us. If you're looking to consult with an attorney or hire an attorney for a given matter, one option is to reach... View More

1 Answer | Asked in Products Liability for New York on
Q: How can I collect a dept from a defendant who changes bank and dont want to pay . Sheriff can't seem to get a bank.
Tim Akpinar
Tim Akpinar
answered on Jan 25, 2024

This is posted under Product Liability, which is a category more about injuries from defective products. There's a section in this forum called "Collections." If you reposted and added that category, you could have better chances of a response there. Good luck

1 Answer | Asked in Products Liability and Intellectual Property for New York on
Q: Question on if the company was woven together with other company working up business and between them in one type

My working company suddenly received a warning letter on 1 of the product infringement issue from other company . The product patent registered name was go under the other company that they work in partners together for 1 of the products promoting business between them . The patents right still... View More

Jack Mevorach
Jack Mevorach
answered on Aug 1, 2022

Your post is a bit confusing. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Products Liability and Car Accidents for New York on
Q: if you pay someone to settle a claim, how would you word a statement for them to sign stating it's settled ?

it's a small vehicle accident claim less than 900 dollors. we just don't want her to come back later and say we owe her more.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

It would be difficult for an attorney to guide you on drafting a release with the format here. It sounds like you want to handle the release yourself. There are boilerplate releases online. No one here can tell you, "Consult an attorney," or, "Save money and do it yourself."... View More

2 Answers | Asked in Products Liability and Small Claims for New York on
Q: Received a demand letter in the mail should I respond?

Car accident occurred almost three years ago am now getting sued about property damage done to public property. The letter contains bill invoice that explains they have already tried sending bill to collections in registered owner name. My question is ,am I as the driver eligible to be sued.

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

I'm sorry for the alarming letter you received. In general, a driver can be sued if they are liable in the accident. Public entities such as departments of transportation, power companies, etc. do go after drivers for damage to their structures or equipment. As a starting point, you could... View More

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1 Answer | Asked in Products Liability for New York on
Q: I need to find a lawyer to help me sue the company Gree. Because of them, my dehumidifier caused a house fire.

On August 6, 2020 we had a huge house fire due to a defective recalled dehumidifier. The dehumidifier company, GREE, never notified the public about this recall. My family and I are living in a trailer on the front lawn since that time.

My husband is disabled and has been suffering in the... View More

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2022

I'm sorry for your ordeal. You could search online for product liability attorneys - you could also use the Find-a-Lawyer tab in the upper left side of this page. Attorneys here can't reach out to you because this forum doesn't work like an attorney referral service. It sounds like... View More

1 Answer | Asked in Products Liability for New York on
Q: I found a clump of some kind of hair in my can of beer. What should I do?
Tim Akpinar
Tim Akpinar
answered on Jan 27, 2022

You could bring the matter to the attention of the manufacturer to alert them to a possible quality control problem. In terms of legal rights, you could preserve the clump and reach out to attorneys. However, attorneys are generally reluctant to handle such matters because they do not generally... View More

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... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 4, 2021

When you state you're the "third party" I'm assuming you mean you're the claimant and not a third-party defendant. Regardless, as my colleague correctly advised, the claims adjuster's change in position can be due to many reasons. More likely than not, the adjuster... View 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... View More

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