Products Liability Questions & Answers

Q: I was injured physically during a mammogram after X-rays a & MRI I have a superior labral tear in my shoulder

1 Answer | Asked in Personal Injury, Products Liability and Medical Malpractice for New Jersey on
Answered on Dec 13, 2018
Timur Akpinar's answer
Consult with a medical practice attorney in New Jersey. An attorney could request your medical records and examine the matter in greater detail.

Tim Akpinar

Q: How can I sue Apple for deceptive laptop diagnostic?

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on
Answered on Nov 27, 2018
Dale S. Gribow's answer
small claims would be perfect for you if your claim is less than $10,000.

first, send a self-serving letter to whoever you are going to sue setting forth the facts and making a demand.

when they do not respond include the letter with the complaint to show the court you did not want to take up the courts time and had assumed they do the right thing...but they didn't. Thus you had to sue in small claims.

neither side can bring in a lawyer............maybe even contact your...

Q: Buying a car with lien

1 Answer | Asked in Criminal Law, Products Liability, Public Benefits and Small Claims for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...

Q: I noticed a dog toy that I stock in my store has a sharp edge on all of the toys. I pulled them from the rack and told

1 Answer | Asked in Products Liability for Florida on
Answered on Nov 22, 2018
Terrence H Thorgaard's answer
No, you can't sue. You don't have standing. Simply continue to refuse to sell the toy.

Q: How do I file a case for a exploding glass milk bottle that caused boldly harm

1 Answer | Asked in Personal Injury and Products Liability for Illinois on
Answered on Nov 21, 2018
Charles Candiano's answer
The situation you explain is simply not possible. A glass bottle cannot explode any more than a water glass can explode. On the other hand, if a sealed milk bottle was in the sink, before it had been washed, it is certainly possible for back area growth to result in sufficient pressure to cause the bottle to explode. that is not a design flaw. Bottles which are intended to be pressurized (such as champagne bottles) are specially designed and much thicker than other bottles. I do not...

Q: Seeking best possible legal representation for: My car spontaneously caught on fire, reason for so a BMW known recall

1 Answer | Asked in Products Liability for California on
Answered on Nov 19, 2018
Timur Akpinar's answer
I do not practice in California, but your question remains open for three weeks. A good starting point could be to consult with an attorney in your state to examine the recall, notices provided for such recall, manner in which fire arose, its connection to the recall, your damages, and determine what the best course of action would be to pursue any legal rights you may have here.

Tim Akpinar

Q: Is it legal for me to use “Fruit Loops” as a flavor?

2 Answers | Asked in Copyright, Products Liability, Patents (Intellectual Property) and Trademark for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
Almost certainly your use violates their trademark, and the penalties for exploiting their trademark for commercial gain to sell your product are severe (you not only pay all of their attorney's fees, but penalties and forfeiture of all profits earned as a result). Kellogg's will hire very expensive and aggressive lawyers. Consult a trademark lawyer going forward so you can understand what you can and cannot do exploiting other trademarked brands. Generally, you must obtain permission (a...

Q: Allstate sold me a product they does not carry.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Answered on Nov 14, 2018
Timur Akpinar's answer
I do not practice in Texas but your question remains open for three weeks. An experienced attorney familiar with insurance law (including underwriting issues) should be able to provide guidance.

Tim Akpinar

Q: What does strict liability mean in a product liability claim?

1 Answer | Asked in Products Liability for California on
Answered on Nov 13, 2018
Timur Akpinar's answer
I do not practice in California, but your question remains open for three weeks. In a general sense, strict liability means that the plaintiff does not need to prove negligence or any type of intent. This is in contrast with injury claims stemming from motor vehicle accidents or similar settings, where damages are usually pursued based on a theory of negligence. If you are inquiring beyond the purposes of general information, and you are a party in a claim, you should consult with a California...

Q: What is the difference between manufacturing, design, and marketing defects? Do I have to prove all three to win my

2 Answers | Asked in Products Liability for Texas on
Answered on Nov 12, 2018
Justin Charles Roberts' answer
The short answer is 'no.' These are each distinct theories of liability against a manufacturer.

Q: Do different types of product defects come with different amounts of damages you're able to recover?

1 Answer | Asked in Products Liability for New York on
Answered on Nov 10, 2018
Timur Akpinar's answer
In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

Q: I bought some soap at a farmer's market and developed a horrible rash

1 Answer | Asked in Products Liability for Illinois on
Answered on Nov 5, 2018
Timur Akpinar's answer
I don’t practice in Illinois but your question went unanswered for four weeks. It could be a case of a defective product and it could also be a case of an adverse reaction to a normal product. An attorney who examined the product, its constituents, your reaction to it, and supporting medical records might be in a better position to determine whether you have a case.

Tim Akpinar

Q: Under what circumstances is a product considered to be defective?

1 Answer | Asked in Products Liability for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
There are different types of defects and different theories. However, to answer you question based on negligence theory, the focus in negligence will be based on the defendant’s conduct.

This would include defects that are based on : a) Negligence design; b) Negligence manufacture; c) Negligence warnings, where a product label doesn't tell you what you need to know for your protection; and

d) Negligence inspections.

Q: My ex has the passcode and app to my home alarm. Can he be charged for tampering with it?

1 Answer | Asked in Criminal Law, Family Law and Products Liability for Florida on
Answered on Nov 2, 2018
Sasha Dadan Bonna's answer
I would suggest changing your alarm code and contacting the company who you are billed through to notify them of the breach. I would also contact the nearest police department.

Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Answered on Oct 28, 2018
Peter Munsing's answer
If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

Q: Found something disgusting in my Tropicana drink

2 Answers | Asked in Personal Injury and Products Liability for New York on
Answered on Oct 28, 2018
Peter Munsing's answer
If you didn't get sick, complain, they'll give you a coupon. If you got sick contact a member of the NY State Trial Lawyers Assn.

Q: Would we have a case if we no longer own the thing that's defective?

1 Answer | Asked in Products Liability for Texas on
Answered on Oct 28, 2018
Timur Akpinar's answer
I do not practice in Texas but your question hasn’t been picked up in four weeks. Naturally, having the product available for examination would be preferable. But in general, that doesn’t necessarily preclude a plaintiff’s rights in a claim, particularly if the item is something of a generic nature in mass production. A consultation with a Texas attorney familiar with product liability cases could provide the most meaningful guidance here.

Tim Akpinar

Q: What kind of lawyer would I need for 3rd party liability? Diagnoses: Leukemia after working with Benzene for 21 years.

1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Washington on
Answered on Oct 27, 2018
Timur Akpinar's answer
A consultation with an injury lawyer who has experience with toxic tort cases could be a good place to start. These are cases involving exposure to hazardous substances.

Tim Akpinar

Q: If the DA decides to take the Case of my Late Mom's and me; would I still need a Medical Malpractice Attorney?

2 Answers | Asked in Criminal Law, Personal Injury, Products Liability and Wrongful Death for Georgia on
Answered on Oct 25, 2018
David Edward Boyle's answer
You need a personal injury attorney to represent your mother's estate to sue the medical provider.

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