Products Liability Questions & Answers

Q: Can the products that are patented & sold in US,UK be sold in other countries? What are the legal things to consider ?

1 Answer | Asked in Copyright, Intellectual Property, Patents and Products Liability on
Answered on Aug 16, 2017

The idea behind patent law is that a patent provides the patent owner certain rights within the borders of the country.

So if there are two patents for a product, one in the US and one in the UK, and nowhere else, then you are not able to make, use, sell, offer for sale, etc., within the US and the UK, but it is OK elsewhere.

You have to be careful, though. You have to make sure that ALL of the activities are taken place outside of US and UK.

And you also have to be...
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Q: Can you sue a car company? I wasn't hurt or anything but the fact is I feel I was ripped off and deceived, and lied too!

1 Answer | Asked in Products Liability, Arbitration / Mediation Law and Consumer Law for Illinois on
Answered on Aug 13, 2017

Not much of a case, and no lawyer would touch it, unless it was a class action.

Your option, small claims court. Or, call your state consumer rights division, to report the deceptive practice. The company will claim it was just an oversight.

If it makes you feel better, find their company ratings page, and write a TRUTHFUL, negative review.
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Q: Can my landlord keep merchandise I rented from Aaron's? I live in Kentucky .

1 Answer | Asked in Products Liability and Landlord - Tenant for Kentucky on
Answered on Aug 13, 2017

Not is Aaron's is the owner. Tell Aaron's and their lawyers will get it back. If asked to do so, join in Aaron's lawsuit against the Landlord.
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Q: How would I find cases filed against Zimmer Corp. or Zimmer-Biomet for hip personal injury product liability cases?

1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Answered on Aug 13, 2017

Just type in "zimmer hip replacement lawyers" on Google. Then, pick one of many law firms than handle these cases. All will speak to a potential claimant, at no cost you you.
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Q: Do I have a case to get reimbursed for expenses paid out for a faulty product and additional compensation life's impact?

1 Answer | Asked in Products Liability, Small Claims and Consumer Law on
Answered on Aug 13, 2017

So far, what has been done to remedy your losses has been pretty decent. If you end up still short, when all is said and done, do not sign a final release. Take the case (or have a lawyer handle) a small claims court case.
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Q: How is fault/liability determined in the food industry in regards to allergies?

1 Answer | Asked in Civil Litigation and Products Liability for Illinois on
Answered on Aug 13, 2017

The best you can do is file a small claims court case. The restaurant is possibly right about it, under Illinois law.
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Q: Our personal property inside our home was damaged by a roofing company. Are they responsible? Or is the landlord?

1 Answer | Asked in Products Liability, Construction Law and Landlord - Tenant for Texas on
Answered on Aug 13, 2017

You need a lawyer to sue these folks, which means the landlord and the roofing company. Let the court case determine who pays, between the two of them. Look up Landlord Tenant lawyers in the Texas city closest to you, on SuperLawyers. com
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Q: bought a PC from Alienware, wasn't working, took 5 months for replacement, do I have a right to compensation

1 Answer | Asked in Consumer Law, Contracts and Products Liability for New York on
Answered on Aug 13, 2017

Your claim is a simple breach of contract. Take the case to small claims court. No lawyer will touch this case, in my opinion.
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Q: Can I get legal help for medicines given to me that doesn't work after being denied meds that do I took for years

1 Answer | Asked in Medical Malpractice and Products Liability for Alabama on
Answered on Aug 13, 2017

That depends. Federal law has dramatically altered the continued availability of opioids, regardless of past prescriptions. A physician can now lose his or her DEA (drug enforcement administration) license to write prescriptions, for violating federal law.
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Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?

1 Answer | Asked in Arbitration / Mediation Law, Products Liability and Collections for Arizona on
Answered on Aug 13, 2017

Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
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Q: Notery lost title for motorcycle. Anything I can do?

1 Answer | Asked in Products Liability, Consumer Law and Contracts for Pennsylvania on
Answered on Aug 13, 2017

Possibly take a small claims court case, for whether the costs are to verify your ownership, and get a replacement title. This is a big pain in the ass, but you set yourself up for it, by circumventing the law that the document needed to be completely filled out. Plus, you should have taken possession. In many states, what you did is a criminal act. Not sure about PA.
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Q: If I buy an item from the manufacturer or original distributor, would I be able to sell it on a website or elsewhere ?

1 Answer | Asked in Copyright, Products Liability and Trademark for Texas on
Answered on Aug 13, 2017

The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.

You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.

If all licensing fees have been paid, and it is a legitimate item, it is fine to re-sell it, unless the product is totally NOT available, except from the company who licenses or sells it.
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Q: what is the compensatory damages for contractor when a product is defective

1 Answer | Asked in Products Liability, Business Law and Construction Law for New Jersey on
Answered on Aug 13, 2017

Difficult to say. You will likely have some finger-pointing. The manufacturer will say that your contractor did not heed warnings or instructions on the label. The contractor is blaming the defective product.

You problem is, that the claim is too small for most civil lawyers to want to handle. When no personal injury occurs, civil litigation attorneys usually won't sign on, to file suit.

You can go to small claims court, possibly.
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Q: during surgery i fell & broke a metal side table resulting in a neck injury who's responsible?

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for California on
Answered on Aug 13, 2017

Here is the Attorney I suggest consulting. Mr. Brian D. Witzer.

Tell him that William C. Head from Atlanta referred you to him.

witzerlaw.com

Address: 8752 Holloway Dr, West Hollywood, CA 90069

Phone: (310) 777-5999
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Q: We purchased a home in April. Inspection only showed minor issues but it is August ruined. What do we do?

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Lemon Law for Texas on
Answered on Aug 13, 2017

These types of sales are only as good as the contract, so you need to look there, for any warranties. If you had the right of inspection, you may have no rights.

Call this law firm. Focus on the hazardous mold and air quality, to see if you have recourse.

Bullock Campbell

713-249-2124

Houston, TX
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Q: Are USB C Hub Devices with 4 to 8 ports patented?

2 Answers | Asked in Intellectual Property, Patents and Products Liability for New Jersey on
Answered on Aug 12, 2017

If you have violated another person's intellectual property rights, by making the devices that you are selling, yes you can be in violation of criminal laws, and subject to very harsh financial penalties (under civil aspects of patent violation or copyright laws) and possible jail time.

Take the time to talk to an intellectual property attorney, on how to go about selling your products, so you won't have to be looking over your shoulder.
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Q: What is my legal risk if someone gets injured from a product prototype I'm building - I'm still testing it.

3 Answers | Asked in Products Liability for California on
Answered on Aug 11, 2017

High risk. The way the law is written, could a reasonable person have anticipated that the product/object could cause harm? Insurance for your venture, covering this risk, is advisable.
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Q: Executor of my grandfather's will is not responding. Is it possible that she has spent the money?

1 Answer | Asked in Family Law, Products Liability, Civil Rights and Probate for New Jersey on
Answered on Aug 10, 2017

You need to get an attorney involved, based on these facts. Go to Super Lawyers, look up Lawrence N. Lavigne, 908-687-7750. If he cannot handle your matter, please ask him for a referral.
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Q: My father was a smoker. He smoked cigarettes, cigars and a pipe, which caused my premature birth.

1 Answer | Asked in Medical Malpractice and Products Liability for Ohio on
Answered on Aug 10, 2017

Your message left out a LOT of important data. Very few attorneys would tackle this type case, but one (in California) might.

Contact Brian Witzer at 1-888-948-9348 or 310-777-5999

Tell him you were referred by William Head from Atlanta, GA
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Q: Two friends and I take a trip to a local grocery. My friends are under 21 years of age. I am 23. Can I buy alcohol?

1 Answer | Asked in Consumer Law, Products Liability and Criminal Law for Alabama on
Answered on Aug 10, 2017

Laws exist in all states prohibiting an adult buying alcohol and supplying it to the minors. The grocery chain would rather NOT have you as a customer that to late be facing a claim that their clerk sold you booze that you then gave the young people, and a DUI-related death occurred.

This was a wise BUSINESS decision, on the part of the grocery.
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