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Products Liability Questions & Answers
1 Answer | Asked in Civil Litigation, Products Liability and Insurance Bad Faith for Montana on
Q: While traveling from California to Montana in January I acquired AAA Towing services $5000+ plus was stolen. Now what?

I left Cali Friday 01/22/21. On The 23rd east of Truckee Nevada I had blown a tire. Wile stuck on side of the road for 6 - 8 hours looking for ways to get it fixed that day the 23rd. AAA had assured me more than once that it would be taken care of that day and even gave me a phone they could get my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

File a theft complaint with the police if you haven't already. File a claim with your insurance company. Contact Tripple A.

Contact a member of the Nevada Trial Lawyers Assn who handles insurance to see if you have any claim--I'm not seeing it.

You have a claim agasint...
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1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... Read more »

1 Answer | Asked in Products Liability and Business Law for Massachusetts on
Q: Hello,Can a seller legally cancel a purchase from a buyer if no product or payment has been accepted?

Four months ago I received a purchase order from my buyer for a product I provide. The product I would sell will not be due until six weeks from now. Recently, one of my employees who runs that part had major surgery and is not expected to return for several months. I have a small three man shop... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there was no payment it was an undertaking that you would perform it. Factors not in your contemplation prohibited that. That being said, speak with a business consultant about selling what sounds like a going business.

All the best!

1 Answer | Asked in Medical Malpractice and Products Liability for Mississippi on
Q: Medical Malpractice Suit. Hospitalization due to Pulmonary Embolism from birth control prescribed and now on medication.

Now on Blood thinners due to the birth control, still have a Pulmonary Embolis

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

Likely you may have a claim. If you want you may call me to discuss. Understand that the cause is not a slam dunk--many things may cause an embolism. It's not a "fingerprint" occurrence, so rare that it almost proves itself.

If you have any of the wrappers or containers of...
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1 Answer | Asked in Products Liability and Trademark on
Q: How much the cost ?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

You haven't asked a question. If you mean how much does it cost for a trade mark registration, technically you may do it yourself IF you can do all the research necessary. Why not just survey some firms? You can also try services like Legal Zoom.

1 Answer | Asked in Consumer Law and Products Liability for Ohio on
Q: I am going to resell frozen cheese sticks that I bought on amazon. Are there any things I could get in trouble for?

I contacted the seller and they said I am allowed to resell them and I will put a warning label on the package stating that there is dry ice inside but should there be any other things I should be concerned about legally? I don want to be sued or get in trouble so could you state some precautions... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

If there is a problem you can bet people will look at you. Check with your state health department/department of agriculture. You may be required to have certain licenses and refridgeration if you are going to sell frozen food products, particularly meats.

1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Products Liability for Arizona on
Q: What are my rights as a renter of a vehicle when i notice the companies self insurance is expired?
Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

you can turn in the rental--and may want to. If you have your own coverage, ask about it from your insurer. However, the big issue is property damage and if you paid for that you want to know you are covered.

1 Answer | Asked in Libel & Slander, Personal Injury, Products Liability and Workers' Compensation for Georgia on
Q: I am trying to get information on how to become a self-insured company for Liability lines and workers comp.

looking for info to be self insured for General Liability, workers comp, professional liability, E&O etc

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

You really don't want to go there but your state insurance department would be the best place. You will have to post a bond, and you will be responsible for handling all claims and paying all claims.

Note also some companies doing business with yours may want proof of insurance--and...
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2 Answers | Asked in Products Liability and Workers' Compensation on
Q: Hello Sir, Are you supplying utility blades ( razor )?
Tim Rose
Tim Rose answered on Mar 5, 2021

I know that workers compensation can be frustrating. Please reach out to a local attorney with any specific workers compensation questions.

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Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... Read more »

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2 Answers | Asked in Products Liability for Minnesota on
Q: Is it illegal to sell an upgraded part for a product that directly competes with a product the company already sells?

I wish to sell a roller brush for a small robot vacuum, however, mine would be made out of rubber and won't need to be replaced. While the company that makes the robot vacuum already sells a brush but it's not made from rubber and needs to be replaced periodically. Is it legal for me to... Read more »

William Bailey
William Bailey answered on Mar 1, 2021

I don't see why this would be an issue. If you've used some of their product to create your own, this is a different situation.

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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: Hello, my mom is filing false charges against me for an item I have not stolen. What can I do if and when she do so?

My mom had given me permission to enter her storage unit to tale out furniture. But is now accusing me of steal a bix of photos. And is now saying I also stoled from her house as well and if i don't come to her house by the end of this week, with said items. She will press charges against me.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

what is your age? do you live with mom?

does she have mental issues?

maybe send a detailed explanation to her that you could present to a court if it comes to that. Explain she gave you permission and that the location of what she is looking for is in the...
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1 Answer | Asked in Products Liability on
Q: I gave my belongings to someone to borrow until I needed it and now that I need it they are holding it hostage

What can I do about this?

Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

you can file a complaint with the police. You can sue them in small claims for the value of the items.

1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Products Liability for Michigan on
Q: My 8 year old son used bath n body works on his face and developed a rash with burns. Bath n body works sent me a paper

To sign a release and indemnity and want my social security number i dont know if i should sign it

Michael Zamzow
Michael Zamzow answered on Feb 25, 2021

You should contact a personal injury attorney, or any attorney really that can maybe help you understand what you are signing.

1 Answer | Asked in Personal Injury and Products Liability for Louisiana on
Q: A store sold us 3 month old expired milk which made me and my daughter sick. I had to bring her to the ER. Options ?

We bought several individual Fairlife Milks from a local convenience store yesterday morning. I drank 1, my daughter had 2 one about 11am and another at around 6pm. My stomach was hurting all day after I drank the milk. But it tasted fine so I took some pepto. My daughter on the other hand has to... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 25, 2021

Hire a personal injury lawyer. Save your receipt and the containers.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Who is legally responsible for monitoring the sale of alcohol?

I wrk for a large transportation company my manager says I am not allowed to manage or control the amount of beer I serve in a trip. That if they want 4 beers an hour per person to sell them the 4 beers. When I was hired decades ago I was taught that I was legally responsible and in control of... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You are astute to recognize the possible applicability of dram shop statutes in such settings. These statutes are not universal across the nation - although the general premise of assigning liability to an establishment... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Arizona on
Q: I was prescribed the nootropic Risperdal as a teenager and subsequently developed gynecomastia. Is it too late to sue?

I was told by an endocrinologist that the gynecomastia was likely caused the nootropic I was prescribed.

I really don’t care about the money, I just want to be able to afford the surgery so I can be comfortable in my own skin again.

Thanks for your help!

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

It depends on the law of the state where you live. If you have a "discovery date" it can be extended. If you were under 18 when you took it, most states give you until you are 21.

I would contact the Arizona Trial Lawyers Assn and ask for attorneys who handle pharmaceutical...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for Mississippi on
Q: My disabled significant other, who suffered a stroke, was sold a vehicle to which the title does not match.

My significant other, who has questionable reasoning skills, at best, due to a major stroke, paid cash (quite a bit) to a “friend” for an “antique” vehicle. (As a matter of fact, I have durable POA.) When attempting to resell the vehicle, it was determined the vehicle does not match the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

You are right. It's up to them to give you good title. Otherwise sue them for the money paid.

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