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Products Liability Questions & Answers
3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

James L. Arrasmith
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answered on Sep 21, 2023

In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

I'm sorry about your daughter's injury. You could consider trying to arrange a free initial consult with attorneys to discuss this in more detail. If you have a jurisdictional basis to pursue the matter in federal court, possible venues could be based on domicile of defendant (with... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Marco Caviglia
Marco Caviglia
answered on Sep 9, 2023

Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Tim Akpinar
Tim Akpinar
answered on Sep 11, 2023

When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: If a case is reassigned in federal court to a different judge, do previously submitted motions need to be resubmitted?

If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 12, 2023

If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More

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1 Answer | Asked in Products Liability for Texas on
Q: Can asking who pays your property taxes be a form of intimidation in a deposition?

Or the question do you keep your garage locked?

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

It doesn’t sound intimidating.

In a deposition, you should answer all questions as truthfully and briefly as possible. In many instances, a person not trained in law may not understand the relevance of a particular question or why it may lead to the discovery of admissible evidence....
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for New York on
Q: Got chemical burns to my face and scalp, from Blonde Solutions hair products applied by their Educator. who do I sue?

After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2023

Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

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3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

William John Light
William John Light
answered on Aug 11, 2023

Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More

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3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

It could depend on what the delays are caused by. There are some things within the control of an attorney (placing matter into suit if an impasse has been reached in negotiation efforts) and some things not within the control of your attorney (awaiting conclusion of claimant's treatment).... View More

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1 Answer | Asked in Products Liability and Lemon Law for Minnesota on
Q: Wondering if I could sue a dealership if I’ve had to replace my transmission 2 times within a year

I’ve had to replace my transmission now 2 different times in 10 months of owning my 2018 Ford Expedition. My first replacement was $5,200 and then 1 1/2 months later the transmission went out and now they are working on it again

Robert Kane
Robert Kane
answered on Jul 24, 2023

Yes, you can sue a dealership if you have had to replace your transmission 2 times within a year. Whether you will be successful depends on the facts and your presentation. You don't mention anything about any written agreements.

Allowing an attorney to evaluate, organize and draft...
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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2023

I'm sorry for your friend's injuries - I hope they can make a healthy recovery with proper medical care. A West Virginia attorney could advise best about local resources. You've probably been searching online and may have already been in touch with local attorneys. In addition to... View More

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3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 22, 2023

Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Jun 22, 2023

Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2023

Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More

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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for Pennsylvania on
Q: I have permanent scar tissue on my nose from a pair of safety glasses cutting in and ripping the skin off can I sue

I wear prescription glasses and had to wear a pair of safety glasses over top of the prescription glasses the safety glasses had a sharp edge on the bottom and kept ripping into my skin kept cutting in my skin I tried many different pairs of the safety glasses and they all did the same thing they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It sounds like you may be working in an industrial, lab, or other setting where the glasses may be part of your safety gear in the course of your employment. If that's the case, it's possible you... View More

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

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