Products Liability Questions & Answers

Q: If I put the word blonde or brunette on a sweater can I be in trouble bc it trademarked?

1 Answer | Asked in Products Liability on
Answered on Oct 18, 2018
Peter Munsing's answer
not unless you are selling it as a trademarked item--I don't believe those words alone can be trademarked as they are common words.

Q: My partner was diagnosed with leukemia after working with Benzene for 21 years. Why can't we find a lawyer?

1 Answer | Asked in Personal Injury and Products Liability for Washington on
Answered on Oct 18, 2018
Peter Munsing's answer
Good for you for looking.

Short answer: extremely expensive to prove in court, and the Supreme Court made it very difficult especially if the problem (leukemia) is something that can be caused by just .....being.

Second problem is the statute of limitations issue in your state.

Suggest you try Ciresi Conlin 612-361-8200

Before you call have handy a chronology--dates of exposure, locations, names of any products containing the benzene etc.

If they can't...

Q: I am a Notary in NJ. Am I allowed to be a witness on a document I am notarizing?

1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Banking for New Jersey on
Answered on Oct 11, 2018
William N. Sosis' answer
No. Notaries can't notarize their own signature. You might also want to read this: https://www.state.nj.us/treasury/revenue/pdf/NotaryFAQ.pdf

Q: Acorns withdrew 1,000. Unauthorized.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on
Answered on Oct 5, 2018
Michael David Siegel's answer
I do not know what Acorns is. But you need to make a fraud complaint with the bank ASAP, and make a police report. You need to block this auto debit with the bank. Getting it back is problematic.

Q: Can I sue the OFF bug repellant company for losing my voice from using their product?

1 Answer | Asked in Products Liability on
Answered on Oct 3, 2018
Timur Akpinar's answer
A consultation with an experienced attorney could help you answer that question. An attorney would likely want to see medical records that could possibly support the position of losing your voice due to use of the product. The attorney could have questions about the level of your exposure, the manner in which you used the product, your prior medical history, among other issues. Such a consultation could enable you to learn the time frames, deadlines, and statutes of limitations in your...

Q: How Can I get a REFUND

1 Answer | Asked in Products Liability, Education Law and International Law on
Answered on Oct 3, 2018
Timur Akpinar's answer
You could consult with an attorney who is able to examine the legal issues you mention in greater detail. At the very least, you could learn the deadlines and statutes of limitations within which you would need to act to preserve your legal rights. An attorney might be able to help you identify legal theories related to being misled, as you describe your situation, such as whether there were misrepresentations made to you. There could possibly be other legal theories as well.

Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?

1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for North Carolina on
Answered on Oct 2, 2018
Peter Munsing's answer
May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.

Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Answered on Sep 25, 2018
Timur Akpinar's answer
These types of cases could be complex, because of the level of scientific and medical expertise required. If you yourself are contemplating legal action, a consultation with an attorney could enable you to learn, at the very least, time tables, deadlines, statutes of limitations, and notices of claim requirements within which you must act to preserve your legal rights. There is an organization called the Fluoride Action Network. Their website posts resources about Fluoride. I am not familiar...

Q: A customer says we broke a pain of glass whilst mowing, the gardener says it was not him.

1 Answer | Asked in Products Liability on
Answered on Sep 23, 2018
Timur Akpinar's answer
It’s difficult to say without knowing more about the damage and uniqueness, if any, of the glass pane.

Q: If we want to launch a product and we call it beta, does that protect us in any way?

1 Answer | Asked in Products Liability for Illinois on
Answered on Sep 21, 2018
T. J. Jesky's answer
As you are aware, Beta testing is just a test to ensure software meets functional expectations. With regards to your question, if you want to protect your beta testing with others, you should have them sign either a:

1) Non Disclosure Agreement. This is a fairly standard business agreement that protects confidential information shared between two parties. The testers promise not to talk about the products being tested or share their experiences.

2) Beta Participant...

Q: What is filed in civil court veras small claims when the police refuse to go criminally after a contractor?

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Michigan on
Answered on Sep 20, 2018
Trent Harris' answer
If you are out more than $30,000 due to the contractor’s breach of contract, you’ll need to file suit in circuit court. The district court only covers claims up to $25,000, and small claims only up to $6,000.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation before choosing to rely on any information you get from Internet discussion boards, such as this one.

Q: husband Wife both plaintiffs in PI. The settlement offered was accepted by my husband and lawyer without me knowing

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Florida on
Answered on Sep 17, 2018
Terrence H Thorgaard's answer
You should have asked this in Justia › Ask a Lawyer › Puerto Rico› Personal Injury ›, but my guess would be that your lawyer should have got your approval as well as that of your husband. Refuse to sign the release if you don't want to accept it.

Q: If a product is recalled, is the company required to come pick it up?

2 Answers | Asked in Products Liability for District of Columbia on
Answered on Sep 16, 2018
Timothy Fizer's answer
You have not provided sufficient information to be able to answer this question, because there are too many variables.

Q: Deal went bad no specific evidence I have witnesses he claims he has imaginary witnesses. Not sure if I have case?

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for Michigan on
Answered on Sep 12, 2018
Trent Harris' answer
Like many legal disputes, the situation you describe involves conflicting claims and evidence. In the abstract: yes, you could have a case. But practically speaking, I wouldn't go to court over being out $300. It isn't worth it. Resolve to never do business with that person again, you are once bitten and twice shy. And next time when you make a deal for barter, make sure you document it in writing just in case there are disputes later on.

As always, this is a response to a hypothetical...

Q: In the state of PA, is it legal to distribute for sale, CBD oil made from industrial hemp with <0.3% THC or zero THC?

1 Answer | Asked in Criminal Law and Products Liability for Pennsylvania on
Answered on Sep 11, 2018
Peter Munsing's answer
CBD is legal in Pennsylvania. You can ask the manufacturer for a copy of their certificate showing it is of a strength that makes it legal in Pa.

Q: Does this apply to motorcycles as well?

2 Answers | Asked in Car Accidents and Products Liability for Arkansas on
Answered on Sep 11, 2018

Q: I never got a recall notice b/c of a mail mix up -- does that mean I can't now get it fixed?

1 Answer | Asked in Products Liability for New York on
Answered on Sep 10, 2018
Timur Akpinar's answer
Maybe the best place to start here would be to contact the manufacturer or dealer. I didn’t see anything in the facts as to what the product was, but if the recall was related to safety or an issue involving risk of injury, reputable companies would likely be interested in addressing the matter.

Q: Accident in NC, from PA. The accident was both parties fault. My 3 WEEK SUV totaled. Does insurance pay Taxes on new car

3 Answers | Asked in Products Liability, Tax Law, Insurance Bad Faith and Insurance Defense for Pennsylvania on
Answered on Sep 9, 2018
Elizabeth Tarasi's answer
Yes they should. Ask them to pay taxes and transfer associated charges. If the car was financed the lien holder will be paid directly.

Q: If I sell a product that isn't good, am I still liable, or is the manufacturer?

1 Answer | Asked in Products Liability for Illinois on
Answered on Sep 8, 2018
T. J. Jesky's answer
Based on the fact, that you know the product is not good, of course, you would be liable.

Generally speaking, if a retailer sells a product routinely, they as well as the manufacturer are liable for any defects. It is responsibility of the retailer to inspect the product before it is sold to their customers. If you are not a retailer of a product, your liability decreases.

In this case, if you disclose to the buyer, why the product is not good, and the buyer accepts the...

Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Answered on Sep 7, 2018
Thomas A. Grossman's answer
I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any facts for me to consider. If you have an attorney, you should consult your attorney about the settlement you want. If you have done nothing more than write a letter to an insurance company, you are probably far...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.