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New York Products Liability Questions & Answers
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
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
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
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
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 C. Head
William C. 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 C. Head
William C. 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 C. Head
William C. 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.
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.
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 »

2 Answers | Asked in Products Liability for New York on
Q: Hello, My late mom has a lawsuit pending about injuries she received by a product. there was a conference held,

It was held on the record. The Judge, the Court reporter, my mom and myself and the defense attorney was present.

I requested a copy of the transcript. I asked the Judge's assistant, who took the notes.

She said she had to let the defense attorney know that I was requesting... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 11, 2017

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,... Read more »

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2 Answers | Asked in Civil Litigation, Products Liability and Lemon Law for New York on
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?

I want them to buy my car back because it's been in the garage more than I've had it and this time the garage can't figure out what is wrong with it they've tried everything they can and I don't want to keep paying for a car I can't even drive.

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 6, 2017

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/... Read more »

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1 Answer | Asked in Products Liability and Lemon Law for New York on
Q: I purchased a used car form a used dealership how do I go about getting my money back?

I recently purchased a used car from a used car dealership for $11,400 and the transmission went 2 weeks later and at the time of purchase there was 125000 miles on it . There is a warranty on it but they aren't trying to pay for the expenses because they are trying to say I exceeded the 1000... Read more »

Barry Eran Janay
Barry Eran Janay answered on Apr 18, 2017

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...
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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Appeals / Appellate Law for New York on
Q: granted for answer

the case was granted for answer and the court granted the defendant with 30 days to file the answer, while arguing the case the defendant used another case that I file against another party at federal court the defendant had exact copies of the paper work file at federal court..

1-is it... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 23, 2017

Your question makes no sense which indicates to me you should have a lawyer. Court procedure is different in each court. As to using court documents from other cases not only is it legal, it is smart.

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1 Answer | Asked in Products Liability, Business Law, Trademark and Internet Law for New York on
Q: Is it illegal to host a paid service that manipulates Amazon.com's search algorithms by having bots create accounts?

The bots will perform tasks with the accounts

Peter N. Munsing
Peter N. Munsing answered on Feb 6, 2017

You have to look at your provider agreements --all the stuff you signed saying "I accept" involved in the chain of your site.

Whether your internet is provided by Mozilla or Google or others they all have user agreements. Willing to bet buried in there may be something to prevent...
Read more »

1 Answer | Asked in Products Liability for New York on
Q: I bought a cream at rite aid called Renewal intensive deep wrinkle cream and after using it twice I'm having a bad a

Allergic reaction to this cream and my face is burning and very swollen if those wore the warning signs on the bottle i would of never use it i went to emergency room for some kind of help. So what should i do

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 21, 2016

If you are just having an allergic reaction, this would not be a defective product. Someone with a peanut allergy cannot sue Jif if they eat Jif's peanut butter, as the product is not defective. Now, if you are allergic to an ingredient that was not listed on the product, then you may have a case.

1 Answer | Asked in Products Liability for New York on
Q: Can I sue an online merchant for a bad product?

Hi, I bought a product online for skin care. The product description was wrong and the facts about the product was also wrong, shortly after purchasing I developed a deliberating skin condition that has caused me emotional distress, once I found myself going through this I contacted the merchant... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 23, 2015

Go see a product liability attorney for a full discussion. I do not think you have much of a case here, but I could be wrong.

1 Answer | Asked in Products Liability for New York on
Q: If a patent exists in the USA but there is no patent in another country, can that product be manufactured outside USA
Adam Studnicki
Adam Studnicki answered on Oct 11, 2015

This is an intellectual property question, not products liability. You way want to re-post.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...
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1 Answer | Asked in Products Liability for New York on
Q: I have a house that we bought 20 some years ago and yesterday found out the roof has asbestos shingles on it.

I will most likely be forced into bankruptcy trying to repair it. Is there some legal recourse against the company that produced the shingles? The property is in western NY

Adam Studnicki
Adam Studnicki answered on Aug 28, 2015

Talk to a local asbestos lawyer to determine your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your...
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1 Answer | Asked in Products Liability for New York on
Q: I bought pre-sliced fruit from a grocery store, but there was no tape or plastic seal holding the lid. Is this legal?

Food, health and safety laws??

Adam Studnicki
Adam Studnicki answered on Aug 25, 2015

If you were injured, you can talk to a local products liability lawyer about your options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may...
Read more »

1 Answer | Asked in Products Liability for New York on
Q: Can I sue a food company if they served me food with metal in it that I ended up cutting the inside of my mouth with?
Adam Studnicki
Adam Studnicki answered on Jul 20, 2015

Seek medical care and talk to an injury lawyer. Depending on the extent of your injuries, it may be a matter for small claims court.

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