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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
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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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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

James L. Arrasmith
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answered on Jun 19, 2024

I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:

1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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Q: Do I need the list all ingredients in a hair growth oil that only contains essential oils?

I want to sell a hair growth formula I created. It is a blend of 5 essential oils. I want 3 of them to be kept private. The reason for this is because this specific formulation and combination of oils is currently not on the market and I would like to keep my unique formula protected. Would I be... View More

James L. Arrasmith
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answered on Jun 15, 2024

When selling a hair growth oil, you generally need to comply with cosmetic labeling regulations, which typically require listing all ingredients on the product label. This ensures transparency and helps consumers make informed choices, especially if they have allergies or sensitivities.... View More

1 Answer | Asked in Products Liability for Tennessee on
Q: Glass in bar of soap.

I purchased Dr. Squatch soap and there was some broken glass/plastic in the bar itself which I did not notice until it cut me while I was using it in the shower (the object is about the same color as the bar of soap). What should I do other than notifiying Dr Squatch (which I have done already)?

Tim Akpinar
Tim Akpinar
answered on Jun 14, 2024

A Tennessee attorney could advise best, but your question remains open for four weeks. You've already notified the company, which could help others in terms of quality control. In terms of what else, you probably mean in terms of a case?? I hope you're okay, but based on the description,... View More

1 Answer | Asked in Products Liability and Health Care Law for California on
Q: Demand to create privilege log

Shall request to produce privilege log, in respect to any privileges, including 1157, attorney-client, work product privilege, etc. be a production demand?

Should demand list specific privileges, or be generic?

James L. Arrasmith
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answered on Jun 13, 2024

Under California law, a demand to create a privilege log should generally be included as part of a request for production of documents. This demand is typically made in conjunction with document requests to ensure that any withheld documents on the basis of privilege are properly identified and... View More

1 Answer | Asked in Products Liability and Gaming for Pennsylvania on
Q: hi i have a bad gambling problem since i been taking robinirole for my restless leg is there anything i can do about thi
Tim Akpinar
Tim Akpinar
answered on Jun 5, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You could reach out to product liability law firms to learn if your situation is the subject of any current lawsuits. Law firms that handle these types of cases are often specific in the prescription drugs they... View More

1 Answer | Asked in Products Liability for Illinois on
Q: Do I send a letter of intent to just the business's lawyer, the business or both? Do I have it notarized?

I have a rough draft of a letter of intent that I'd like to get in the mail asap but I'm not exactly sure if I send it to the business"s lawyer, the business itself or both. Also, are letters of intent supposed to be notarized? I'm getting mixed answers so I'd like to be... View More

Tim Akpinar
Tim Akpinar
answered on May 19, 2024

An Illinois attorney could advise best, but your question remains open for three weeks. As a starting point, you could send it to both. In terms of notarization, a local attorney could advise best on your state's rules and guidelines there. If you receive a response from the attorney,... View More

Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More

James L. Arrasmith
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answered on May 19, 2024

I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More

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3 Answers | Asked in Personal Injury and Products Liability for California on
Q: If a torch lighter stays lit after you release the button and the lock is not on which then catches a bed on fire with i

With injury to someone the lighter was at fault can I hold the maker of the lighter responsible

James L. Arrasmith
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answered on Apr 26, 2024

In a product liability case like this, there are a few key factors to consider under California law:

1. Defective design or manufacturing: You would need to show that the lighter was defectively designed or manufactured in a way that allowed it to stay lit even when the button was released...
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1 Answer | Asked in Products Liability and Personal Injury for Florida on
Q: I used Stinger Detox last month and now I have a skin rash? this product contains Red 40 so i need some legal help

I purchased the procduct on Amazon and we I contacted me they suggested that I throw the product in the trash. This rash has been present since I took the product for the first time February. Could someone call me to discuss my next steps please?

Thank you

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2024

A Florida attorney could advise best, but your question remains open for two weeks. You ask for someone to call you. No one here can call you. There is no attorney solicitation here, as in attorney referral sites - things are limited to a short Q & A format here. You'd need to reach out to... View More

1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Will MI statue of limitations allow me to go forward with a legal case?

I had a few different Bard Powerports Implanted as a minor, in 2011, 2014, 2015. I also believe I had one earlier than 2011. Each had to be surgically removed in emergency surgeries due to multiple blood clots, sepsis multiple times, numerous other infections, and damage to my skin tissue where the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. The best way to get an answer would be to reach out to attorneys to discuss. Try to arrange a free, initial/no-obligation consult. Nationwide, many jurisdictions allow for tolling... View More

1 Answer | Asked in Cannabis & Marijuana Law, Products Liability and Civil Litigation for Missouri on
Q: I need to sue a company that sold me CBD for pain that turned out to have THC in it which will have extreme consequences

I failed a preemployment drug test with the largest employer of healthcare providers in the state of Missouri because I was using CBD. I will lose my job, but much much worse I could lose my license to practice healthcare in the state of Missouri.

James L. Arrasmith
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answered on Mar 26, 2024

In facing this challenging situation, it's essential to first collect all pertinent information, including any product descriptions, purchase records, and communications with the company. Documentation of the CBD product's advertised THC content, along with the results from your drug... View More

1 Answer | Asked in Products Liability, Civil Litigation and Insurance Bad Faith for California on
Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More

1 Answer | Asked in Contracts, Products Liability, Wrongful Death and Personal Injury on
Q: How do I eliminate any personal liability when donating hearing aids, rollators, braces, BP monitors, etc? Thanks.

I am an individual wishing to donate items at no cost to individuals and organiztions in need. These items were provided to me new for me to try out and write an honest review, so they are technically not new but certainly not used. My goal is to protect myself from being sued by any recipient... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

A Pennsylvania attorney could advise best, but your question remains open for a week. You could consider writing a disclaimer, liability waiver, or similar document that aims to limit your liability. However, ultimately, there's no control over predicting whether anyone would sue or not,... View More

1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Washington on
Q: I was drinking a Dr pepper and sharp object entered my mouth. I spit it out. Its a metal screen. What do I do about it?

Do I have a lawsuit for negligence?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

A Washington attorney could advise best, but your question remains open for a week. If you're asking about your rights here, the question that will arise is. "What harm/injury did you suffer?" Any case would be based on the extent of harm/injury suffered, which fortunately does not... View More

1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

1 Answer | Asked in Products Liability and Personal Injury for Virginia on
Q: The power lift gate hit my head and I’ve suffered a traumatic brain injury from this and this happened almost a year ago

Is this a mechanical issue? This injury changed my life.

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry about your terrible accident and injury. To answer your question, it could be a mechanical issue. That could mean that it involves a manufacturing or design defect. It could also be a maintenance issue,... View More

1 Answer | Asked in Personal Injury, Products Liability, Civil Litigation and Environmental for North Carolina on
Q: I was just wondering how a mass tort really works .in a mass tort the individual will be compensated for there on injury

An if that so what would someone be expecting if he or she was directly exposed to afff or pfas for 18-20 months every day an after words they wer

Diagnosed with germ cell testicular cancer In stage three from there not Hodgkin’s lymphoma, severe lung disease took a colitis chemotherapy... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2024

A North Carolina attorney could advise best, but your question remains open for a week. It would be best to reach out to law firms to discuss the exact way they handle things. But as a general matter in cases involving large numbers of plaintiffs, they can be handled as part of large multi-district... View More

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