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Products Liability Questions & Answers
1 Answer | Asked in Products Liability for Michigan on
Q: If a dentist performs a service and that causes an additional problem who is legally responsible for the cost of fixing

cracked a tooth, dentist filed it down, put a crown on it, couldn't eat on that side of my mouth due to the pressure on the tooth aggravated the nerve, might need a root canal. Don't have dental insurance. Already gave dentist $750 for the crown.

Tim Akpinar
Tim Akpinar answered on Jan 19, 2020

Based on these brief facts, there is no general, universal answer. It could depend on a number of factors, some of which include dentist's conformity to requisite standard of care, condition of patient's teeth, communications between dentist and patient, patient's understanding of risks of... Read more »

1 Answer | Asked in Products Liability for Florida on
Q: Sale on house with both parties on deed but not married

Boyfriend and I bought house and deed has both names on it when we sell is it a Florida law that the proceeds will be split between parties Can separate checks be made out as he feels I should not get anything I have made all the mortgage payments and he put a small amount down on home

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2020

If the two of you can't agree how to split the proceeds, one of you will have to sue the other for "partition".

1 Answer | Asked in Contracts and Products Liability for Florida on
Q: Can I sue to get my money back and give back the car?

I purchased a vehicle from a used car dealer, I asked prior to the purchase if there were any mechanical issues that needed to be addressed sooner rather than later, I was told no the car is perfect. I’ve fixed everything that needed to be repaired. I paid the $3,000 and I drove the car off the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You need to consult an attorney handling consumer protection matters in person, in order to show the purchase agreement and go through the whole story. One issue is whether you signed an "AS IS" contract (an unwise thing to do). If you did, that would present an obstacle to recovery, though in... Read more »

1 Answer | Asked in Products Liability for Georgia on
Q: Am I liable or is the host liable for the damages?

I attended a Christmas party hosted by someone and during the party, I stood on the pool table for a few seconds. The owner of the house the host had his event at has a picture of me on the table and is trying to charge for damages to the table. The party was hosted by someone else. It was his... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 12, 2020

Whether or not the owner will find the host liable, with the incriminating photo, either might choose to pursue damages from you. Good luck

Tim Akpinar

3 Answers | Asked in Medical Malpractice, Personal Injury and Products Liability for Oregon on
Q: What should we do with my sons Dr? He implanted a medical device in my sons heart that has been recalled by the FDA

my son almost died from infection in his heart from the implant . now he has tried to say my sons valve should be repaired but nothing about taking the device out that has made him sick and is recalled. I feel the dr is lying and has lied to cover up mistakes such as implanted the wrong size as... Read more »

Joanne Reisman
Joanne Reisman answered on Jan 8, 2020

You say that your son is now an adult so your son will need to be the person that seeks additional medical advice or who contacts an Attorney if he feels that there was medical malpractice. You should talk to your son and encourage him to seek medical advice from another heart surgeon.... Read more »

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1 Answer | Asked in Products Liability for Kansas on
Q: I rent, plumbing issue, I have to pay, only been here 2 months, they have no prior proof work was done before lived

Even if it were hair clogging, would that be from just my two months and be my responsibility, seems like something that’s meant happening over the years..

Tim Akpinar
Tim Akpinar answered on Jan 4, 2020

Based on these facts, it's difficult to determine who is liable for the clogging. You could repost in the Landlord-Tenant section, where an attorney with the best insight into these types of situations would have a better chance of picking up your question. As a practical matter, even if you are in... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: I am in the process of cleaning from a mattress that is only 4 years old ..it is in my guest room....I found fiberglass

anyway the mattress place said i must of took the cover off...I never have even tho it says u can,,,it has been used very little..i want to file a lawsuit to recover money for clean up and replace all the bed and clothes and carpet and stress from this and the health problems

Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I'm sorry for your ordeal. Unfortunately, the passage of so much time could present some serious challenges here. If you were able to arrange a free, or brief limited-fee initial consult, a Texas attorney should be able to outline some of these for you in greater detail. Good luck

Tim...
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1 Answer | Asked in Environmental and Products Liability on
Q: Can a country ban a product from another country just because the factory of that product caused damage to environment?

There is some imaginary case from my lecturer and i need to answer it with WTO viewpoint. But i'm so confused because the product is not causing damages, only the factory. Does one of WTO agreement has relation to the factory? As far as i know it is only related to the product

Tim Akpinar
Tim Akpinar answered on Dec 24, 2019

I cannot speak for the requirements of the World Trade Organization, but you should be aware that countries can ban products for whatever reason they want as a general policy matter. Some of the substances banned in the United States that used to be used as insulating materials and transformer... Read more »

1 Answer | Asked in Personal Injury, Bankruptcy, Consumer Law and Products Liability for New Mexico on
Q: Searching for attorney to represent an opiod claim against Watson Pharmaceuticals, manufacturer of hydrocodone 853.
Timothy Denison
Timothy Denison answered on Dec 23, 2019

Your local bar association or legal aid society should be able to help you.

2 Answers | Asked in Civil Litigation, Products Liability, Agricultural Law and Animal / Dog Law for Missouri on
Q: I sold a pup to an individual in FL it shipped to them after it arrived it got sick and passed. Whats my liability?

I have a 10 day no death guarantee. He received the pup on 11/25 he took to the vet 11/30 puppy passed 12/11

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 22, 2019

Sounds like it would depend on when the dog died.

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1 Answer | Asked in Products Liability on
Q: My ............ 3 month old fridge freeze has broken, where do I stand claiming all the Christmas food waste.?
Tim Akpinar
Tim Akpinar answered on Dec 18, 2019

If you look at the matter in terms of a contract situation, food spoilage could be a foreseeable loss resulting from such a mechanical failure. But for a three month old unit, it's likelier that this is a warranty matter (the category Product Liability is more about injuries from defective... Read more »

2 Answers | Asked in Personal Injury and Products Liability for Maryland on
Q: I went to a business at my local mall and got lashes done, my eyes are now infected and swollen.

I went to my local mall to get lashes extensions, they glue burned and infected my eyes and face, I told the technician that it was burning really bad when she applied it but she said that was normal, the next day my eyes was still hurting I called and if she could remove them because I couldn't... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 12, 2019

Contact a local personal injury attorney to evaluate your options.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability on
Q: Hi, I lived in France but in 2011, I bought a laptop in NYC. This Apple laptop has an original manufacturing device.

I'd like to know which law is applicable? The French or the New York State law?

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

I'm not sure what you mean, but generally it would have to comply with the laws for sale of the country where it was sold as they were in 2011. However the US has few laws for computers in terms of what they must have.

1 Answer | Asked in Personal Injury, Products Liability, Federal Crimes and Juvenile Law for Louisiana on
Q: Found out my unlicensed brother gave my questions year old minor son at least 5 tattoos. What can I do legall
Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

if your son was under age, technically your brother committed an assault. You need to take the youth to a dermatologist for starters. You can also sue him but if he doesn't own much that may not get you anywhere.

2 Answers | Asked in Products Liability for West Virginia on
Q: I need to open a lawsuit on a company due to recall on the pins and rods used in my back surgery

I had sciolioisis surgery in 2000. The pins and rods used to repair my back have been recalled as of this year 2019, due to faulty materials and i need details on how to open a case pretaining to my situation. Please help

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

First, the fact they are defective as a group doesn't mean yours are unless yours failed. Otherwise you have no case as you haven't been hurt.

Why not get a consultation with a member of the West Va Trial Lawyers Assn that handles product cases--they give free consults.

Have your...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

2 Answers | Asked in Personal Injury and Products Liability for Vermont on
Q: I need to know how much my claim is worth

My cup ashtray caught on fire, nearly giving my husband a heart attack, and burning both our fingers. he is on ssi for a panic disorder. We called dollar tree who said their claim department would contact us. I was wondering with a fire and a mental disorder involved how much should I ask for?

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

mental distress claims are really difficult and technical. Contact some injury attorneys and get an estimate. If you didn't get medical treatment the answer is very little at all.

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3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as is the case... Read more »

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