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New York Products Liability Questions & Answers
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 a... 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 bot type...
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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...
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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.

1 Answer | Asked in Products Liability for New York on
Q: can i sue a business that is not in the state that i am in

i purchased a product from a company in california and i am in new york. product was broken on arrival. company will not help.

Adam Studnicki
Adam Studnicki answered on Jul 18, 2015

Yes, you can sue them. If you're asking whether you can sue them in your state, then the answer would depend on a factual analysis of the specific transaction and the company's presence in your state.

2 Answers | Asked in Products Liability for New York on
Q: What is the code or codes for the repair / replacement of playground rubber safety surface matting?
James K. Riley
James K. Riley answered on Nov 15, 2014

In most states including New York there is no "Code Requirement" or legal regulation which requires that playground rubber safety surfaces be repaired or replaced on any particular schedule. These systems, often described as head injury fall attenuation systems, are to be kept in a good state of... Read more »

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2 Answers | Asked in Products Liability for New York on
Q: What is the code or codes for the repair / replacement of playground rubber safety surface matting?
James K. Riley
James K. Riley answered on Nov 15, 2014

In most states including New York there is no "Code Requirement" or legal regulation which requires that playground rubber safety surfaces be repaired or replaced on any particular schedule. These systems, often described as head injury fall attenuation systems, are to be kept in a good state of... Read more »

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1 Answer | Asked in Products Liability for New York on
Q: How can I find if a company has any law suits?

I purchased a machine from a company who has not been able to make it work and has pretty much left me with a defective machine. I wanted to search if there are any others companies out there like myself?

Jonathan Craig Reed
Jonathan Craig Reed answered on Aug 5, 2014

You have asked a very tough question. Depending on the price of the machine, and I am consuming this is a consumer type machine, it would probably not be worthwhile to sue the company over your defective machine. In that case the only redress might be a class action lawsuit. If there is such a... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I WAS CONVICTED OF A MISDEAMEANOR DRUG CHARGE 20 YEARS AGO- I WANT THIS OFF MY RECORD-HAVE NOT BEEN IN TROUBLE SINCE.
Mark A. Siesel
Mark A. Siesel answered on Aug 1, 2011

Unfortunately, this conviction cannot be removed for your record. Only convictions which are sealed at the time of the conviction, or youthful offender convictions, are not disclosed in the future, but there are no convictions to a criminal charge which can be "removed" from your record.

1 Answer | Asked in Products Liability for New York on
Q: Where do I get the ignition interlock device installed that the Court has ordered in my DWI case?
Mark A. Siesel
Mark A. Siesel answered on Jul 20, 2011

The Court will provide you with a list of approved installers and you must have the interlock installed at one of these locations and then return to Court with proof that you have done so.

1 Answer | Asked in Products Liability for New York on
Q: Where do I get the ignition interlock device installed?
Mark A. Siesel
Mark A. Siesel answered on Jul 18, 2011

The Court will give you a list of approved ignition interlock device installers and you must use one of them, and then provide proof of the installation.

1 Answer | Asked in Products Liability for New York on
Q: What is the statute of limitations on a product liability case? I was injured using a defective ab-slide.
Mark A. Siesel
Mark A. Siesel answered on Jul 17, 2011

The statute of limitations on a defective product case in New York is three years from the date of injury.

1 Answer | Asked in Products Liability for New York on
Q: My lawyer filed my lawsuit 8 years ago over a cellulose problem in our house.We have not gone to court yet.

We have been breathing in the cellulose fibers for years.My wife and i are disabled and have copd.How long should it take to go to court?

Mark A. Siesel
Mark A. Siesel answered on May 4, 2011

It is very unusual for a case to take 8 years to get to Court. The most congested calendars in New York State, including the Bronx, would still not take 8 years for a case to get to Court. My recommendation would be to call your attorney and schedule an appointment to find out the status of your... Read more »

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