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North Carolina Products Liability Questions & Answers

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on

Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This can be... Read more »

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1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for North Carolina on

Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?

My longtime partner, diagnosed with Acute Leukemia after working with Benzene products for 21 years. He tool all the precautions(mask, ventilation, etc.)In March 2018, After extensive research, experts at Harborview Medicine Environment and Occupational have determined benzene flipped the genetic... Read more »

Peter N. Munsing answered on Oct 2, 2018

May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.

1 Answer | Asked in Products Liability and Real Estate Law for North Carolina on

Q: I bought a house under the stipulation that repairs were made to the roof. If the roof repairs fail, can I sue?

Robert D. Kreisman answered on Jan 1, 2018

You may be able to sue to enforce the clear terms of the contract. If the roof repairs were described in that contract, you should contact a local real estate attorney to learn what action you may be able to take to seek relief.

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on

Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction

Peter N. Munsing answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for North Carolina on

Q: I purchased a large quantity of liquid screen protector, and the product does not work. Do I have a right to return it?

I purchased ~$6k worth of the product, and subsequently found that it does not provide the protection that the manufacturer (a North Carolina entity) claimed. They have ignored my request to return the product, but I cannot sell something that I know doesn't work. In light of their refusal to... Read more »

Peter N. Munsing answered on Mar 7, 2017

Breach of express and implied warranties or if you talked to them, warranties of fitness for a particular person. If you purchased because they advertised over there, you may be able to sue over there. Otherwise, you have to come here. You don't get travel expenses.

1 Answer | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on

Q: Car towed from in front of my home without notice and damaged. What can I do?

I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... Read more »

Peter N. Munsing answered on Feb 16, 2017

You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.

File a complaint with the HOA.

1 Answer | Asked in Criminal Law, Family Law, Products Liability and Intellectual Property for North Carolina on

Q: How long does it take in the court system in North Carolina to get detailed text messages from a cell phone?

My mother is trying to look up all my messages with a co worker

Amanda Bowden Houser answered on Feb 14, 2017

You question makes no sense - the Court does not do what you are asking about. Are you saying your mother has subpoenaed your your cell phone records as part of a current court action and you are wondering how long it will take for her to receive them? If so - assuming the cell phone company... Read more »

1 Answer | Asked in Products Liability for North Carolina on

Q: Drug injury, miscarriage, & premature baby due to Haldol. How do I find a lawyer? Used NC Bar & no one will take it.

Peter N. Munsing answered on Oct 26, 2016

Look at my discussion on the posts about xarelto.In addition to those facts, understand that birth cases are extremely difficult when the fallout is health issues that can occur without any adverse reaction--you can have a premature baby, miscarriage with no drug being involved. To try to prove it... Read more »

2 Answers | Asked in Products Liability for North Carolina on

Q: Is there any additional monies other than pain and suffering with medical bills when dealing with strict liability claim

When I contacted the company and told them I know I didn't suffering massive injuries other than cut up mouth and MD appt. to get the bone out of my throat,but I was more lending to the fact they meet all the criteria for the stirct liability claim

Peter N. Munsing answered on Aug 31, 2016

not sure what you are asking. If what you mean is just for having a product claim do you get something--no. You get money for your pain and suffering --significant--and your medical bills, and any future problems a doctor says you will have, and any wage loss. If you mean do you get punitive... Read more »

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1 Answer | Asked in Civil Litigation and Products Liability for North Carolina on

Q: I was eating porkskins from a well known company,I "choked on a piece of bone cut the roof of my mouth,cut my tongue

and got a piece stuck in my tonsil that was removed by MD.The company stated to me there is no way what was in the bag was a "bone"So I had UNC Hosp. do a exam and Yes it was a "bone" I had a large and small piece.The company wants me to settle for 500$ since my injuries were not "bad"they say and... Read more »

Peter N. Munsing answered on Aug 30, 2016

check with a couple of members of the NC Assn for Justice--they give free consults. The company may be right--that the problem is with their supplier--but it's their supplier. The law says there is a high degree of responsibility--strict liability --for food. It's on them. They should be proud to... Read more »

1 Answer | Asked in Products Liability, Collections and Consumer Law for North Carolina on

Q: How do my mom avoid getting.sued by rffc finanical? My mom is on disability and can no longer afford the payments

The.company plan on suing her for the money but she doesnt have it. We offered to give them back their product but they refuse to take it. We keep getting phone calls from a lawyer who has not provided us his name but is always threatening my mom. What should we do

Peter N. Munsing answered on Aug 18, 2016

First, if he calls write down what he says, as exactly as you can, the time and day. i'm not sure what the product is.

If she is judgment proof with a bit of advice she really doesn't have anything to really worry about. Try contacting a consumer attorney through www.naca.net.As she's on...
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1 Answer | Asked in Personal Injury and Products Liability for North Carolina on

Q: Is this legal justification to sue?

I was boiling water in a pan last night. I just bought a new cheap cookware set a while ago. I was making some tea before going to bed. However, when I lifted up the pot, the handle was to hot for me to lift up. It had caused me to reactively drop it quickly. Though luckily the pot didn't fall on... Read more »

Peter N. Munsing answered on Jul 22, 2016

You can send your medical bills to the manufacturer but don't hold your breath. File a complaint with the CPSC. However, high heat safe means that it won't melt, not that it won't get so hot that you don't need a kitchen mit to handle.

1 Answer | Asked in Business Formation, Business Law, Products Liability and Consumer Law for North Carolina on

Q: Do you need FDA approval to resell an imported Personal Lubricant product on Amazon?

Peter N. Munsing answered on Jul 8, 2016

If you are packaging it from bulk for resale, probably. If you are just reselling a sealed package you have, I don't believe so but if you are a business why not contact your lawyer or insurance company.

1 Answer | Asked in Products Liability for North Carolina on

Q: My wife went to Bojangles to get a sweet tea and when she took the lid off she found a plastic bag inside her cup.

They told her it was an accident and it happens all the time. Does she have a case?

Peter N. Munsing answered on Jun 22, 2016

If she didn't get sick, not much of one if she drank. If she didn't drink no. You are only compensated for injuries you received, not what could have happend. "eeeeeew" factor isn't compensible. Foreign object is a violation of food acts, but again not much happened so not worth much.

1 Answer | Asked in Consumer Law, Products Liability and Contracts for North Carolina on

Q: I have a question about a invoice paid and a warranty.

I paid an invoice to have a 12 mil liner installed under my newly constructed house. Now I have determined that i did not receive the product that I paid for. Also the warranty that I have in hand from the company shows a 15 yr warranty on the liner installed to be free from holes and tears and to... Read more »

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

This is actually a contracts issue. You have a few options on that. One, contact the company that installed the product and see what they will do for you. If they do not make good, you could contact the manufacturer (assuming they are different companies) and make a complaint with them. You could... Read more »

1 Answer | Asked in Lemon Law and Products Liability for North Carolina on

Q: Is a dealer allowed to sell a car with a fraudulent inspection? Can I sue for them to fix the items that wouldn't pass?

I bought a van a month ago and took it just yesterday to have to oil changed. I found out the the powersteering boot was ripped open and leaking, among other problems. According to the service department at Toyota, the van should not have passed inspection. If this is true, is the dealership I... Read more »

Adam Studnicki answered on Feb 16, 2016

You might have a claim, but more info is needed. Talk to a local lawyer. A strong letter from a lawyer might help.

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...
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1 Answer | Asked in Products Liability for North Carolina on

Q: Do child restraint seats have an expiration date?

Adam Studnicki answered on Jan 13, 2016

They are typically age-specific.

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 situation. It is impossible to evaluate a legal problem...
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1 Answer | Asked in Products Liability for North Carolina on

Q: I purchased a home 3 months ago. The in-ground pool has a leak. Does the previous owner have any responsibility?

Adam Studnicki answered on Oct 11, 2015

You can ask real estate lawyer to review the contracts and disclosures.

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 situation. It is...
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1 Answer | Asked in Consumer Law, Family Law, Products Liability and Real Estate Law for North Carolina on

Q: If there are no legal papers saying I am responsible for mortgage payments while my ex still lives in the home ?

She wanted the house over o u r son but still sees him I've given her $ for the payments 7 to be exact & she blew it on drugs and says I'm still responsible for future and past payments. I don't want to pay anymore what should I do?

Robert Jason De Groot answered on Sep 9, 2015

Look at the mortgage, it probably says that you are responsible to make payments. Was there a divorce? That may not say that you do not have to make the payments, and you cannot just change that mortgage unilaterally without the mortgage company's approval. In other words, you are most likely still... Read more »

1 Answer | Asked in Products Liability for North Carolina on

Q: Do I have case ? Aye moldy chocolate

I just found mold on the bottom of chocolate bar I ate soon as I seen it I stopped and put it down and immediately took

Terrence H Thorgaard answered on Aug 22, 2015

It depends on whether you were injured. Did you seek medical attention? And you should, of course preserve all evidence, including the chocolate bar, the wrapper, and proof of purchase.

But unless you experienced serious medical effects, it is doubtful that you have any sort of a case.

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