Products Liability Questions & Answers

Q: I have a broken phone worth 199.99 that the company refuses to fix for invalid reasons, can I make a small claims claim?

1 Answer | Asked in Civil Litigation, Products Liability and Small Claims for Missouri on
Answered on Oct 13, 2017

Did you buy that phone from them being their product plus after sale service, etc. If they do not have after sale service arrangement then they may have refused to fix it. However, if their product carried a warranty for certain period, then they have to replace it or send for repairs etc.

Please check at your end whether their product falls under any of the terms of their sale. If not, then you may contact Consumer Court for faulty product or avail small claim of damages .
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Q: I am trying to find out if it is legal for a tow company to boot a vehicle on private property as soon as you pull into

1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Traffic Tickets for Florida on
Answered on Oct 9, 2017

Honestly, what you describe sortof sounds like a scam, but in the long run you probably got done with it the best way possible and likely the cheapest. You might report the incident to the police to see if they have encountered similar complaints.

Typically parking in a common unit parking lot would take days of not moving the vehicle to get a boot or be towed.

Good luck,
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Q: Can I sue if they put a dirty napkin in my food

1 Answer | Asked in Products Liability for California on
Answered on Oct 6, 2017

This is America. People can sue for pretty much anything. Do you feel you would accomplish anything by suing? It could be difficult to prove any damages. Would you consider asking them to give you a free visit to make up for your trouble?
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Q: If my macbook air is stolen by repair workers in my apartment, what should I do?

1 Answer | Asked in Products Liability and Criminal Law for New York on
Answered on Oct 3, 2017

File a police report for the stolen Macbook. Your renter's insurance should cover it.
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Q: The driver at fault gave me her driver's license and phone no. and told me she would give me her insurance details later

1 Answer | Asked in Products Liability, Traffic Tickets and Car Accidents for Texas on
Answered on Oct 2, 2017

My suggestion is that you can file the paperwork you have for the wreck with The Department Of Public Safety for Texas and they will place a driver license hold on her eligibility until she decides to get off her hump and help you resolve the claim. The insurance company for the rental should be able to help you with this process through their subrogation department if necessary. Ask to speak with someone in that department if you need to.
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Q: Someone has been tampering with my vehicle. I know who. But no hard evidence. What's should I do?

1 Answer | Asked in Criminal Law, Products Liability, Traffic Tickets and Car Accidents for California on
Answered on Sep 29, 2017

call your local police and present them with the evidence you have generated to see if it is enough for an arrest and prosecution.

you need more than you think it is X.......maybe then can set up a sting or you can install a camera
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Q: Should I submit this nut that I broke my tooth on in my dinner to the company responsible

2 Answers | Asked in Personal Injury and Products Liability for California on
Answered on Sep 28, 2017

I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.

You should consult a lawyer to determine the best way to preserve your evidence. Of course, if you send it in, and they lose it, that makes your case more difficult, even though it creates issue for the company as well.

There are time limitations, so you should not let too much time pass, otherwise, you may lose your ability to...
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Q: Should I submit this nut that I broke my tooth on in my dinner to the company responsible

2 Answers | Asked in Personal Injury and Products Liability for California on
Answered on Sep 28, 2017

I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.

You should consult a lawyer to determine the best way to preserve your evidence. Of course, if you send it in, and they lose it, that makes your case more difficult, even though it creates issue for the company as well.

There are time limitations, so you should not let too much time pass, otherwise, you may lose your ability to...
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Q: ok so im looking into seeking counsel if possible. Wal mart pharmacy changed my prescription but neither my doctor

1 Answer | Asked in Personal Injury, Products Liability, Medical Malpractice and Small Claims for California on
Answered on Sep 28, 2017

I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.

Your doctor is required to dispense medication in accordance with the standard of care that governs his or her area of medical practice.

A pharmacy is subject to the standard of care for pharmacies as well and needs to dispense medication in accordance with such standards. Experts will have to determine whether or not your care...
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Q: Is dangerous trunk design that caused injury grounds for recall/lawsuit?

1 Answer | Asked in Personal Injury and Products Liability for Florida on
Answered on Sep 24, 2017

Start by taking it to the dealer to see if it is working as designed. It looks to me that it's not functioning the way it came out of the factory.
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Q: I was driving a company car and it was deemed due to mechanical failure -- does the company sue, or should I?

2 Answers | Asked in Products Liability for Florida on
Answered on Sep 21, 2017

You had an accident, I assume. Were you injured? In that case you would consider suing. The company would probably have to sue for any damages to the vehicle.
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Q: can I sue for 2 year old corn nuts that the school sold me?

2 Answers | Asked in Education Law, Personal Injury, Products Liability and Small Claims for California on
Answered on Sep 20, 2017

Who are you wanting to sue, your school or the vending machine company? Regardless, what are your actual damages aside from the horrible taste and rude school administrator? Lawsuits are not to be taken lightly, and no ethical attorneys would take such a case without you incurring serious damages (health impact, personal injury, loss of economic earnings, etc.).
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Q: Hello, may i know if it lawful for a shipping company to send/ship products to me before we agree on the price?

1 Answer | Asked in Business Law, Consumer Law, Products Liability and International Law on
Answered on Sep 17, 2017

Sounds like a gift to me, but you might want to review the actual facts with a lawyer. And, if the gift is an international check or financial instrument, and they agree that you only have to return some of it as long as you do it right away, do nothing until the bank assures you the funds are collected, not just cleared. That one is a popular scam hitting lawyers for a few years now. The check is a forgery.
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Q: I had rib plating surgery and had pain 2 months later. Screws have fallen out. Took 3 months to see a doctor

1 Answer | Asked in Products Liability and Medical Malpractice for Maryland on
Answered on Sep 11, 2017

Most likely but sounds like you need to get a second opinion (don't mention you are thinking about a case).,
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Q: If someone kicks down their door that you got stuck in cause the door got stuck, who has to pay for it?

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for Ohio on
Answered on Sep 11, 2017

There are arguments either way. They should because as their guest they owed certain duties to you. Offer to pay the cost of a locksmith house call because if all had been calm and had time to wait that's what would have had to be done anyway.
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Q: I recently purchased a car from a guy but he didn't have a title..he assured me that I could use our written bill of sal

1 Answer | Asked in Products Liability and Contracts for Arkansas on
Answered on Sep 11, 2017

Sue him for what is called recision--means unwinding the deal--and also for what you paid. Hopefully you can do that in small claims.You'll have a problem if the bill of sales said that and you still signed, but give it a shot. You can also talk to the attorney generals consumer division if he was a business as it may be illegal to sell a car with no title and a waive to a consumer.
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Q: There is a company in idaho that handles communications for inmates currently incarcerated, they breach their terms

1 Answer | Asked in Consumer Law, Products Liability, Tax Law and Banking for Idaho on
Answered on Sep 11, 2017

Contact the Idaho Civil Liberties Union and ask if they have a prison rights division --this has been litigated.

Depending on charges, you may find it easier to get your family or whoever you call an 800 number so you can call free.
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Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.
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Q: If you rent a house and you find bed bugs in the house who's responsible for getting rid of them you or the landlord

1 Answer | Asked in Personal Injury, Products Liability, Real Estate Law and Landlord - Tenant for Tennessee on
Answered on Sep 4, 2017

It really depends on who brought the bed bugs to the place. If the bugs were already there- then the landlord. But the landlord may claim you brought them with you. In that event- they are your responsibility. Also, make sure to review your lease.
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Q: I just found out some stuff i sold online is under recall - what should I do?

1 Answer | Asked in Products Liability for Illinois on
Answered on Aug 31, 2017

Notify your customers. Contact the manufacturer and find out what they are telling wholesalers to do.
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