New York Products Liability Questions & Answers
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
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.
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
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in
Products Liability, Civil Litigation and Personal Injury
for
New York
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Answered on Nov 10, 2018
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
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
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in
Personal Injury, Products Liability and Small Claims
for
New York
on
Answered on Oct 28, 2018
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.
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
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.
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
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.
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
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in
Consumer Law, Personal Injury, Products Liability and Environmental
for
New York
on
Answered on Sep 25, 2018
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...
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?
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.
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?
Camille Brooks Ibrahim's answer
Potentially. Depending if a doctor can confirm an ingredient in the product scarred your skin.
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?
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.
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
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).
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
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in
Civil Litigation, Contracts, Products Liability and Small Claims
for
New York
on
Answered on Feb 3, 2018
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.
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?
Lee A. Koch's answer
File a police report for the stolen Macbook. Your renter's insurance should cover it.
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
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.
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
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.
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
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
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?
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...
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
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...
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,
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,...
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
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...
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...
Q: I purchased a used car form a used dealership how do I go about getting my money back?
Barry Eran Janay's answer
You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.
It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some things that weren't in your best interest.
I would chalk this up as a bad bargain / life lesson to be more careful.
How much will it cost to get a new transmission?
You're not covered by the lemon law because over 125K miles and if the warranty was for only 1K in miles then you may have lost your rights there as well.
It will come down to what the contract / purchase documents say. Most likely this is a shady dealership that got you to sign some things that weren't in your best interest.
I would chalk this up as a bad bargain / life lesson to be more careful.
How much will it cost to get a new transmission?
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