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Products Liability Questions & Answers
1 Answer | Asked in Land Use & Zoning, Consumer Law, Products Liability and Small Claims for Georgia on
Q: What does one do?I purchased 16 14kt yellow gold, ,detachable grill for 1,700 dollars, and its not real or 100% 14kt?
Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter, the least costly route is usually to try to resolve the matter with the company's customer service. If that isn't possible, then you have a few options, such as hiring an attorney to... Read more »

1 Answer | Asked in Products Liability, Tax Law, Business Formation and Business Law for New York on
Q: I'm from NYC. I am starting an e-commerce business. Could I get an LLC in Wisconsin? What are the pros and cons?
John Kiritsis
John Kiritsis answered on Nov 28, 2020

There is a lot of misinformation online that is preying on the public. Generally, the best State to form an LLC is the State is where you planning to operate the business from. Here are some things that may go wrong if you open a Wisconsin LLC, while you are in NY: 1. You would have a very hard... Read more »

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
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1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Should mattress company be responsible for pulling out a fairly new mattress from my home if it is releasing fiberglass?

Purchased California King mattress from Nectar late summer. Felt sharp pricking on my body as early as 1st week sleeping in this mattress. Thought it was bed bugs, but no signs of bed bug bites on my body. Recently, followed instructions on the company's website on how to clean pee off their... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 23, 2020

There could be some lawsuits regarding your situation. Sit down with a personal injury lawyer to see what options you might have. And good job documenting everything.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Construction Law for Colorado on
Q: Contract/money exchanged for a remodel project with ho-owner in Early September. HO wants to now cancel and get refd

Time and material cost and possible of it changing was made clear from the start. Order was delayed and arrived wrong (this last monday). Lumber company was willing to except fault for mistake and meet us half way on materials cost increase. Homeowner eminently cancels and whole project and demands... Read more »

Donald C Eby
Donald C Eby answered on Nov 22, 2020

You ask a lot of great questions. I suspect that you do not owe a full refund and I question the homeowners right to cancel. But, the answers to these questions are found in your contract. I recommend you bring your contract to an attorney to have it reviewed along with your facts and expenses.... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Can I sue drug manufacturer?

I developed a severe gambling addiction while taking Mirapex long-term. It stopped after I quit taking the drug. This has placed me on the brink of bankruptcy. Is this a valid basis for suing the manufacturer? Do the existence of prior class action lawsuits to which I was not a party prevent me... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 21, 2020

A Michigan attorney could answer best, but your question remains open for a week. As a GENERAL matter, It seems like it would be a difficult case to establish. It could depend on what the warning label for Mirapex includes, but the drug is generally used to treat symptoms of Parkinson's... Read more »

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: My 2018 Mattress, I never removed cover noticed it is now leaking glass. Daughter complains of itching, what can I do??

I bought the Modway Caroline mattress on Amazon 2018, my daughter slept on it for 1 year. Then went to sleeping on my bed. She does complain of itchy back, on and off. I am pregnant and having my third child thus purchasing them a new bunk bed+crib. After reading all these reviews about fiberglass.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2020

more info needed.

i have had several calls about fiberglass in the mattress in the last year.

i had never heard of it before.

if injuries are serious enough a personal injury lawyer might take the case.

fiberglass is very serious and can do a lot of harm.

if...
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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: My 2018 Mattress, I never removed cover noticed it is now leaking glass. Daughter complains of itching, what can I do??

I bought the Modway Caroline mattress on Amazon 2018, my daughter slept on it for 1 year. Then went to sleeping on my bed. She does complain of itchy back, on and off. I am pregnant and having my third child thus purchasing them a new bunk bed+crib. After reading all these reviews about fiberglass.... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 21, 2020

you should sit down with a personal injury lawyer who can look into what your options are... especially with your daughter have bronchitis. good luck to you and your family.

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1 Answer | Asked in Elder Law, Personal Injury, Products Liability and Real Estate Law for Georgia on
Q: I want to install a wheelchair lift in my home in place of the stairs. Is this allowable or do I still need stairs?

I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?

What are the laws for selling aftward

Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... Read more »

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Kansas on
Q: Rental car>Bad Tags>Pulled over>Charged with FIP>Car Impounded>Jailed

Rented a car and was pulled over due to bad tags. Children's mother forgot firearm. Now being charged with felon in possession. I thought my car was supposed to have valid tags. Now facing multiple felonies.

Tim Akpinar
Tim Akpinar answered on Nov 19, 2020

A Kansas attorney could advise best, but your question remains open for three weeks and time is of the essence in your actions. Reach out to a Kansas City criminal defense attorney, or if qualifying based on need, you could look into whether you are eligible for a public defender. Good luck... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Texas on
Q: Is there something to support a request to replace corded blinds with cordless ones. Disabled child. Apt in Texas

My son and I moved into an apartment furnished with mini blinds with cords. I want to request they replace them w/cordless ones. My son is disabled and I’m afraid he’s going to hurt himself. Is there any documentation I can include in the request to help get it approved? We live in Texas

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Texas attorney could advise best, but your post remains open for four weeks. This might involve a narrow field of legal expertise. Maybe an attorney who deals with accommodations made under the Americans with Disabilities Act (and state laws involving disability/housing) might be knowledgeable... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Products Liability for Florida on
Q: I have lupus disease wth havin lupus you cannot be exposed to uv lights it makes a flare cme on and put my health risk
Tim Akpinar
Tim Akpinar answered on Nov 15, 2020

A Florida attorney could advise best, but your question remains open for two weeks. It could be helpful to have additional information here. If being subjected to UV light is something arising in the course of your employment, this could be more an employment law matter than a personal injury... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Constitutional Law for South Carolina on
Q: Called hotel asked if room stayed in before was vacant after told yes discussed prices and then was told he would not re

Rent me room in front but can rent same room in back. After I called cust Ser. She said guy then said I was banned from property bc of 1st stay. Stayed 1 night and he accused me of having high traffic to and from my room which wasn't true and that me and my girlfriend was sitting outside. I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 13, 2020

A South Carolina attorney could advise best, but your question remains open for three weeks. As a GENERAL matter, hotels are given leeway in terms of declining patrons. The most practical option might be to look into other hotels. You could consult with a South Carolina to ask if they see things... Read more »

2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on
Q: How much does it cost to review a product we are producing for a client's promotional gift to avoid patent violation?
Kevin E. Flynn
Kevin E. Flynn answered on Nov 13, 2020

The costs vary but it can be expensive. This is called a freedom-to-operate or clearance opinion.

See == https://www.flynniplaw.com/services/legal-services/freedom-to-operate/opinions

The first step is that a freedom-to-operate search needs to be done for issued patents that have...
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1 Answer | Asked in Products Liability and Landlord - Tenant for Michigan on
Q: If my name isn’t on the lease and I move out is there a way to get my personal belongings, when the person wont comply?

Well I was living with a friend and I recently moved out but I was never on the lease, most of my things are there I wanted to get them back but the person is giving me tge run around to get them. Is there any way I could obtain them?

Brent T. Geers
Brent T. Geers answered on Nov 12, 2020

Not easily. You might need to file a claim and delivery action in the local district court.

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for Ohio on
Q: Can a person who sold me a car with a title that was not in his name get in trouble after taking my money

Paid $600 for car I have title and keys. Also paid $300 for a trailer no title. Now the trailer is impounded and the person on the title doesn't want to sell it to me but her boyfriend already took my money

Matthew Williams
Matthew Williams answered on Nov 10, 2020

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.

1 Answer | Asked in Products Liability, Elder Law and Nursing Home Abuse for Nevada on
Q: During COVID, special instructions for facilities that require residents to undergo mandatory daily breathalyzer,

Are recommended. Shouldn’t there be a recall-like manufacturer intervention to make sure that institutions are not spreading COVID by incorrectly using the breathalyzer equipment?

Tim Akpinar
Tim Akpinar answered on Nov 6, 2020

A Nevada attorney could advise best, but your question remains open for three weeks. The point you raise has elements of ethics in it. Like a recall action that you mention, one could ask whether it is the right thing to do. Would it help save lives? Would it expose the company to more liability...... Read more »

1 Answer | Asked in Products Liability and Medical Malpractice for California on
Q: Hi, if I were to ID reference a random person for their Walgreens prescription would I be responsible for them?

Hi, I had a question about ID referencing. One night I was getting ready to head home from work and this lady came up to me saying that she didn’t have her ID with her. I questioned her reasoning for getting her pain meds at Walgreens and if she was prescribed them, I talked to the pharmacist and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Hmm. You "referenced ID'd" (I don't even know what that means, it isn't a legal term) for a person that you don't know, at all, for them to obtain federally controlled substances from a Pharmacist and now you want to know if you could get into trouble? Well, it could... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Missouri on
Q: An online store underpriced an item and I bought several, are they able to make me pay more money or give them back?
Ronald J. Eisenberg
Ronald J. Eisenberg answered on Nov 2, 2020

An attorney would need to review the terms of sale. Relevant considerations would be the contract terms, which state's laws apply, and whether there was a mutual mistake.

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