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Products Liability Questions & Answers
2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked... View More

William John Light
William John Light
answered on Nov 20, 2024

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

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1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: Where can I find sample punitive damages interrogatories?
Charles Candiano
Charles Candiano
answered on Oct 25, 2024

Just to review, compensatory damages are usually the only damages awarded, in any action. Punitive damages are extremely rare and in Indiana courts, they are limited to $50,000 of which only A maximum of$12,500 is payableTo any Plaintiff. After attorney fees and costs, your recovery is capped at... View More

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: My husband was injured on a machine that is manufactured in China. They ignored the 10 day default notice what happens

now. My current lawyer seems way out of his element. Is it best to just give up? He said it is extremely doubtful that we would get any compensation from the Chinese manufacturer. My husband can’t do the job anymore that he used to do. We are sinking financially now due to him being able to only... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

I’m really sorry to hear about what you and your husband are going through. It sounds like a deeply frustrating and overwhelming situation. When a foreign manufacturer ignores a default notice, like the one you sent to the Chinese company, it doesn’t necessarily mean you have to give up. It’s... View More

2 Answers | Asked in Personal Injury and Products Liability for California on
Q: Who can represent with: faulty products with injury?

Well documented 100 pgs documents, cert mail receipts, photos, documents etc.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A California attorney could advise best, but your question remains open for a week. However, the answer would basically be the same anywhere. For injuries related to defective products, you'd want to speak with injury attorneys who handle product liability cases. Based on the setting,... View More

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

Likely no, even if the SOL hasnt tolled, it's a super weak claim. To pursue this kind of case, you would likely need to show that the vape product was defective in some way (e.g., contained harmful chemicals or wasn’t properly labeled with health warnings) and that this defect directly... View More

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2 Answers | Asked in Personal Injury and Products Liability for Ohio on
Q: Can I file a lawsuit against a vape company from when I got pneumonia a couple years ago? March 2022 to be exact.

I was hospitalized for 2-3 days. I had Necrotizing Pneumonia which is rare in someone my age.

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2024

An Ohio attorney could advise best, but your question remains open for two weeks. Your first step could be to look into the timeliness of your claim. When it comes to statutes of limitations, it would be best for local attorneys to advise. However, simply from general information that anyone could... View More

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3 Answers | Asked in Bankruptcy, Criminal Law, Products Liability and Civil Litigation for Colorado on
Q: 85 member that is looking for pricing for a civil service. We are the old customer's of holy ground real estate

The builder matt sowash has filed chapter 7 , we as a group are wondering the process to sue for the money for the home..

John Cimino
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John Cimino
answered on Oct 8, 2024

First, it is unfortunate that people like this debtor rip consumers off. I had a sinilar case where the homebuilder stole my client's money and went to prison. Regarding Holy Ground, I doubt that your contract with Mr. Sowash included his personal guarantee. We need to check. Second, if he... View More

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1 Answer | Asked in Products Liability and Health Care Law for Texas on
Q: I got a personal hyperbaric oxygen chamber for myself. I am also a personal trainer and want to rent it out to others.

Hbot does not claim any specific benefits and is done at anti aging clinics and gyms and other places. Can I rent the chamber by the hour without being sued? I have an llc...which is worth nothing (my business is small) so if they sued the company they wouldn't get anything. Also does home... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Texas attorney could advise best, but your question remains open for three weeks. I would advise against offering services to the public without first looking whether there are licenses or credentials needed for such activity. I don't think that a homeowner's policy would cover such... View More

2 Answers | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More

William John Light
William John Light
answered on Sep 30, 2024

It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More

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1 Answer | Asked in Products Liability for North Carolina on
Q: Hair loss

I purchased a product and have been using it on my hair and my daughters hair but for some reason now I have clumps of Hair coming out and it didn’t start til I started using this product and so did my daughter hair I have proof it was purchased and how my hair looks before and after as well as... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

A North Carolina attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. I believe it would be a difficult case to get a law firm interested in - due to the numerous factors that could be introduced to challenge the element of causality in your claim... View More

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Q: What would you need to sue a shoe manufacturer or company if you sustained an injury from a defective shoe.

I was running and my shoe ripped open from the front and I sustained a hip and leg injury.

Tim Akpinar
Tim Akpinar
answered on Sep 23, 2024

An Illinois attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney, to answer your question about what you'd need, it would include being able to prove that the shoe was defective, either in its design, manufacture, or failure... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: Hello I won a medical settlement that closed 8 months ago

Hello I won a medical settlement that closed 8 months ago, my attorney has been giving me the runaround on paying by saying that they have to clear any medical liens before they can release the money. Initially this was only supposed to take a month. Yet here it is 8 months later I still have not... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 7, 2024

I am not saying your attorney is or is not telling you the truth, but this is unfortunately fairly common with cases that include medical bills. Plus, your insurance company may not know about all the potential liens. In fact your own insurance company may not even know if it has a lien, as those... View More

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Maryland on
Q: What legal recourse do I have under the lemon laws for MD?

I purchased a 2013 650I BMW from an Annapolis MD dealership in or around 7/2022 which unbeknownst to me was a lemon. To my surprise, I learned during a service call for an oil change in 6/2024 that the vehicle which has been driven minimally as a result of me working from home during the pandemic... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 31, 2024

While it is frustrating to have significant repairs on a vehicle you recently purchased, a used vehicle that is 9 or 10 years old does not have the same warranties as a new car.

Maryland's "lemon law" applies to a NEW passenger car, light truck or motorcycle that has...
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1 Answer | Asked in Products Liability for Wisconsin on
Q: If making payments on vehicle to bank & insurance & also named as a driver but not on title.can they take it

If the couple splits up can they illegally take the vehicle

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2024

A Wisconsin attorney could advise best, but your question remains open for three weeks. It probably went unanswered because the "Product Liability" heading chosen as a category is more about injuries from defective products. This may be something that divorce attorneys would know better,... View More

1 Answer | Asked in Products Liability for Washington on
Q: How is one included the current Zantac lawsuits in the State of WA? I don't have receipts of purchase

My entire family took Zantac for several years as my mother suffered from gastric and bladder cancer and had a big supply around the house.

I am currently being treated for prostate cancer, age 72

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2024

A Washington attorney might be able to advise best, but your question remains open for a week. If you used the prescription version, prescriptions could serve as records. If you took an OTC version, it's possible it could appear in your medical records. You could reach out to law firms that... View More

2 Answers | Asked in Products Liability for Florida on
Q: I was injured due to a beach wagon handle weld coming apart. Broke both wrists & tore my left tendon to my thumb.

No one wants my case why? I am really damaged, out of work & long way off from recovering.

Tim Akpinar
Tim Akpinar
answered on Aug 20, 2024

It's difficult to guess what the thoughts of the attorneys who declined your case were. I'm sorry for your serious injuries. A general guess might be that they did not see it as a product liability matter, but as a failed weld. But that's only a general guess, and might not be the... View More

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1 Answer | Asked in Personal Injury, Products Liability, Health Care Law and Medical Malpractice for Washington on
Q: Can I file a lawsuit for recalled implants if I became ill due to having them in?

The company was Meghan, and after putting them in I started to get joint pain, spinal arthritis, fatigue severe migraine. I lost my job, home, and became disabled. Five doctors wrote letters asking my insurance to remove them and this was finally agreed to after two years. They will not do a lift.

Tim Akpinar
Tim Akpinar
answered on Jul 22, 2024

A Washington attorney could advise best, in terms of state-specific issues, but your question remains open for a week. I'm sorry for your ordeal. At this point, your best option could be to research what the current lawsuit situation is with McGhan implants. There have been lawsuits in the... View More

2 Answers | Asked in Products Liability and Personal Injury for Florida on
Q: Can I get confiscated for a food product that I got nausea and blurry vision for a short period of time?

Recently purchased a snack cake from a retail store near my home. When I got home and opened it it seemed too odd smell to it. This was my first time trying it so I wasn't sure if that was the original scent. Tried a piece anyway and immediately spit it back out. Went through a process of... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

You could consult with attorneys about compensation for your ordeal, but it does not look like a matter that most firms would handle on a contingency basis. I hope you're okay. It could be spoilage or tampering - it's hard to say for certain. The fact that the impact was short term would... View More

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1 Answer | Asked in Intellectual Property and Products Liability for California on
Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 21, 2024

To answer this question thoroughly, we need to consider several legal and ethical aspects:

1. Intellectual property:

- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.

-...
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