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Products Liability Questions & Answers

1 Answer | Asked in Contracts, Copyright, Products Liability and Intellectual Property on

Q: Survivorship and patients? Royalties?

Interested in legal status of grandfathers inventions!

Bruce Alexander Minnick answered on Jun 18, 2019

The word you are looking for is "patents" not patients. If you want to find out about your grandfather's patents you will have to hire a patent lawyer.

1 Answer | Asked in Products Liability for Pennsylvania on

Q: I had an almost silent heart attack in april 2018 requiring replacement of two arteries !

I had been taking Prilosec/omniprosol for years before this happened / Could this have been caused by these medications ? Please sned your response to me at Seculesfarm1@gmail.com or answer me here and Thank you so much ! R k

Peter N. Munsing answered on Jun 15, 2019

First, take down your email. This is a public site and you may end up with unwanted emails/spam/viruses.

Second,could be isn't a case. Your doctors have to make the link.

1 Answer | Asked in Personal Injury and Products Liability for Nevada on

Q: Statute of Limitations

Does this hold true in all states?

In most states, there are several other methods by which the statute of limitations can be extended. ... So, if the statute of limitations in your state is three years, and the defendant was outside the state for two years after the accident, the statute... Read more »

Peter N. Munsing answered on Jun 15, 2019

In your case I doubt it but why not contact an attorney handling a tobacco litigation case to see--you may be covered under a "class" of people when your state AG or some attorney filed a class action.

1 Answer | Asked in Products Liability, Civil Rights and Public Benefits for New York on

Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

1 Answer | Asked in Products Liability and Business Law for California on

Q: Good Afternoon, I've had a solar system on my house for approximately 4 years that is not functioning due rain damage.

I have had the system for approx 4 years. This will be the second time the inverter and control panel has filled with rain water and failed. I have been trying to get it fixed for the last 3 months. The company we lease the system from finally (after 2 months) sent out a service person. I am told,... Read more »

Timur Akpinar answered on Jun 10, 2019

Your question remains open for four weeks, maybe because it was overlooked in the Product Liability heading. A California attorney would be in the best position to identify the consumer law elements under which you could pursue your remedies. A California attorney could help determine the most... Read more »

2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on

Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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1 Answer | Asked in Contracts, Lemon Law and Products Liability for Hawaii on

Q: I bought a car from a seller (LLC) and same day found defects he did not disclose, that I believe were known.

The seller and I both signed a bill of sale that stated the seller will disclose any known issues that would affect the condition or drive-ability of the vehicle. He did show an external fan switch but claimed it was due to "common fan problems in jeeps". The seller claimed "no overheating issues"... Read more »

Bruce Alexander Minnick answered on May 28, 2019

You certainly have enough reason to want to sue the seller; However, since it sounds like the car you purchased was made for off-road operation, I am certain that the seller will dispute everything you said and will blame the breakdown on your "driving (the Jeep) at freeway speeds for an extended... Read more »

1 Answer | Asked in Car Accidents, Products Liability and Small Claims for New Jersey on

Q: If a company school van hit and scratched my mirror on my van while I was parked what claim should I choose.

Timur Akpinar answered on May 27, 2019

It could be handled as a property damage claim against the bus company. Or it could possibly be handled as a first-party claim through your own carrier, depending on your policy. However, if it is a minor matter (you describe it as a scratch), it's possible it might not pass the threshold for the... Read more »

2 Answers | Asked in Patents (Intellectual Property) and Products Liability for Maine on

Q: I created a device and would like to know if I should patent it or if i can be sued if someone gets hurt.

I created a home made passenger backrest for my motorcycle. I posted a picture on a group of people that all own the same model motorcycle. Several people want more detailed pictures and information on how I made it so they can copy mine. I'm concerned someone could take my design and sell it or if... Read more »

Timur Akpinar answered on May 24, 2019

It's possible you could be sued if someone is injured by a product you create. There is nothing to stop people who are injured by such a device from bringing legal action based on a product liability theory. That means they could assert a claim that the product was defectively manufactured,... Read more »

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1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Wrongful Death for Arizona on

Q: When States sue drug companies, do they make money from it.

My son was in the Army and got hurt and had to have his whole left hip replaced. Because he was on so many pain meds he lost his life. Can I receive money from these law suits and from all the pain of losing my son and what he had do indure. Gary Phillips flyboyof3@yahoo.com

Peter N. Munsing answered on May 23, 2019

First please ask Justia to take down your email address. You'll get all types of unwanted attention.

Second, as to your question, you need to contact the person at the Attorney General's office to see if they are filing on behalf of the state or on behalf of people in your son's situation,...
Read more »

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on

Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This can be... Read more »

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2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on

Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Tennessee on

Q: If someone agrees to watch personal property, can they decide that we "abandoned" it and withhold it for money?

She agreed to watch a horse and horse equipment until we were able to get it back. When we realized we could not get the horse we willingly signed it over to her. Now she is claiming that she now owns all of the horse equipment because it's been on her property but as not done anything with local... Read more »

Anthony M. Avery answered on May 9, 2019

You may wish to file an Action To Recover Personal Property in General Sessions Court. If not, you might as well abandon the items, because going there might be charged as Trespass. She might even charge you with Theft of Property if you take something.

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on

Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
Read more »

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1 Answer | Asked in Products Liability for Florida on

Q: If my case was dismissed with prejudice in Federal Court, can I start from scratch in State Court?

My products liability case was dismissed with prejudice in federal court. The appeals court found there was abuse of discretion in not acting on a motion to amend but that the mistake did not amount to "exceptional circumstances" to provide relief from judgement. Unfortunately, the "prejudice"... Read more »

Terrence H Thorgaard answered on May 6, 2019

No, the state court would probably find that the doctrine of res judicata applies, and you cannot relitigate the case in state court.

1 Answer | Asked in Family Law, Products Liability, Gaming and Social Security for Maryland on

Q: Can my parents take my phone

Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop

Griffin Klema answered on May 3, 2019

Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain rights (i.e. vote, consume... Read more »

2 Answers | Asked in Business Formation, Business Law and Products Liability for California on

Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Scott Richard Kaufman answered on May 2, 2019

If you agreed to pay the money but they made a mistake, you should not, morally or legally try to avoid paying what you've agreed to pay. You'd be just like a car dealer then...

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Civil Litigation for Mississippi on

Q: Is it possible to file an injunction against defendants to request to complete destructive work for an inspection?

There is a lawsuit in court for breach of warranty due to defects that have impaired the value of the home. However, there is an area in the flooring that is has been slowly caving in. Also, it is slowly spreading out. This may be caused from potential toxic hazardous chemicals. The... Read more »

Bruce Alexander Minnick answered on Apr 28, 2019

If you are wondering why you are not receiving answers from lawyers here on Justia it is because Justia is a free online legal forum established to allow members of the public to ask general legal questions to lawyers who volunteer their time, not to answer specific questions that may have very... Read more »

3 Answers | Asked in Bankruptcy, Copyright, Products Liability and Patents (Intellectual Property) on

Q: How come did Mr. David plagiarized Ms. Catherine Page Hettinger's Invention Just a few years after her patent expired?

Sean Erin Serraguard answered on Apr 28, 2019

Plagiarism doesn't apply to patents, but you can infringe a patent. However, to infringe a patent, the patent must be valid and not expired. If Ms. Hettinger's patent expired, she has no right to the invention over Mr. David. As to why he did what he did, thats probably a better question for Mr.... Read more »

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2 Answers | Asked in Car Accidents, Consumer Law, Small Claims and Products Liability for Texas on

Q: Who is liable for repair costs of my truck that caught fire from lithium battery?

My truck caught fire while I was driving. Firefighters informed me the cause of fire began from weed eater Ryobi 18v lithium battery in the bed of my truck. I purchased from Home Depot. I have been advised by Ryobi employee to file an insurance claim with my car insurance. I would prefer not to do... Read more »

Peter N. Munsing answered on Apr 26, 2019

As you didn't cause the claim and as they would have a "subrogation claim" your rates shouldn't go up.

You want your vehicle fixed or totaled. Don't worry about your company.

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