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Products Liability Questions & Answers
1 Answer | Asked in Consumer Law and Products Liability for California on
Q: Is it legal for retailer to not sell you a product after requiring your to be approved for a loan?

A retailer is selling a product from a third party that requires a buyer to be approved for a loan. The buyer applies, and is approved for the loan. After being approved for the loan, the retailer informs the buyer that theyre sold out of the product. The buyer now has an established loan/line of... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 25, 2020

With the facts given, the credit/loan taken out can be paid in full since the funds were not used to purchase the product so there are no damages to the consumer under these circumstances. With no damages, there is no case to pursue.

1 Answer | Asked in Gov & Administrative Law and Products Liability for New York on
Q: We would like info on liability waivers concerning Covid19 for our church, Hopps Memorial.We are thinking of reopening

The building around the first of the year.

Thank you

E

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

The format of this board could make it difficult for an attorney to contact you. This is more a question and answer board than a referral service - if you want to hire an attorney or arrange a consult, you could reach out to the attorneys here (Find-a-Lawyer tab above), or ones you find in your own... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Tennessee on
Q: Can I go to jail for a civil warrant

Car wreck no injuries

Tim Akpinar
Tim Akpinar answered on Sep 23, 2020

A Tennessee attorney should advise, but your question remains open for three weeks. Instead of losing time continuing to await a response, you should consider reaching out to an attorney to determine what action is required, as time may be of the essence here. Nationwide, car accidents generally... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Florida on
Q: How do I research a us district court case by number?

This is a class action against Samsung Electronics USA. Case # 2:17-CV-01263-CCC. How can I look this up to see what's going on with it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 22, 2020

https://pacer.uscourts.gov/

2 Answers | Asked in Copyright, Products Liability, Business Formation and Trademark for Florida on
Q: Could I use a trademark name that's been abandoned since 1-8-2018?

I want to name my company " viva la vixen" but I see another company has that as their trademark name and name of their company. however the status is showing as abandoned, what do I do

Phillip William Gunthert
Phillip William Gunthert answered on Sep 21, 2020

If this is in Florida you apply for the name once the company has been administratively dissolved for 1 year. If you are not sure what to do you should get an attorney to help you with this process. The old company is able to reinstate their name for a fee and the late filing penalty, but not after... Read more »

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1 Answer | Asked in Products Liability for Colorado on
Q: My wife is an illustrator. Should her contracts for book deals be under her established LLC or her name?
Tim Akpinar
Tim Akpinar answered on Sep 20, 2020

Product liability is more about injuries from defective products. That could be why your question remained open for so long. You could repost in the Business Formation section, and if you don't receive a response again, you could reach out to Colorado attorneys in that category. Keep in mind... Read more »

1 Answer | Asked in Products Liability on
Q: i am a service man in private sector unfortunately without any noticed they had fired and did not give me my salary.

i all time asked my salary but they did not give proper response so in this circumstances i do not give official laptop and mobile which has given for official work . now i ask you that if any case will be done against me.

Tim Akpinar
Tim Akpinar answered on Sep 15, 2020

This is really something that an employment attorney should advise on, but your post remains open for four weeks. It's possible the company could come after you for the laptop, mobile phone, and the data on them through legal action. You could repost under the Employment Law section - Product... Read more »

1 Answer | Asked in Products Liability for Minnesota on
Q: I found a hair in my banquet spaghetti and meatballs microwave meal made by ConAgra foods. Can I sue them?

I am 52-year-old male with COPD who has spent thousands of dollars to self quarantine during this time of COVID-19. Now I feel violated after finding a hair from who knows what person that has who knows what. It was in my mouth. And I did save it, and also took pictures

Tim Akpinar
Tim Akpinar answered on Sep 10, 2020

A Minnesota attorney could advise best, but you await a response for a week. I'm sorry for your ordeal, but I believe your case could be a difficult one. Without tangible damages of permanence or a significant duration that are clear-cut to a jury, law firms could be reluctant to contemplate... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Georgia on
Q: Good Afternoon, I work for a carrier company and Freightliner is not complying with truck warranties.
Tim Akpinar
Tim Akpinar answered on Sep 7, 2020

A Georgia attorney could advise best, but your post remains open for three weeks. It would be difficult for an attorney to advise based on these brief facts. An attorney might need to see any denials of claims, the written warranty, repair(s) or defect(s) that form the basis of your company's... Read more »

1 Answer | Asked in Products Liability for Maryland on
Q: Used an Aveeno cream on baby her face ripped and bled do I have a lawsuit?
Tim Akpinar
Tim Akpinar answered on Sep 7, 2020

A Maryland attorney could advise best, but your question remains open for three weeks. I hope your baby daughter is okay. Without more information, it's difficult to say what could cause ripping or bleeding. You could contact a Maryland attorney to get their take on the matter based on... Read more »

1 Answer | Asked in Consumer Law, Copyright and Products Liability for California on
Q: Hello, I plan on having a bottled beverage company. Where do I start in making sure my company's name is trademark?
Evelyn Suero
Evelyn Suero answered on Sep 5, 2020

Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.

2 Answers | Asked in Consumer Law and Products Liability for New York on
Q: Is it legal to sell items like old paint or insect killer spray, which may contain toxic compounds, at a garage sale?
Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

It's difficult to say where you'd find information on that. If you have labels or material safety data sheets, they could provide information on disposal, but not sales. In terms of sales, it would be be advisable to check if they contain constituents that ban them from sales or usage.... Read more »

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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: I am looking at 19 years for a crime I did not commit, I have proof, there is proof and witness that I am not there

I am unable to afford attoney, I exhuasted all$ need pro bono

John Karas
John Karas answered on Sep 1, 2020

Ask the court to appoint a Public Defender.

1 Answer | Asked in Contracts, Small Claims, Products Liability and Medical Malpractice for Utah on
Q: I want to take dentist to small claims court, for reimbursement for bottom denture that was damaged beyond repair.
Tim Akpinar
Tim Akpinar answered on Aug 29, 2020

A Utah attorney could advise best, but your post remains open for two weeks. There wasn't a question here, but if you are interested in using small claims courts, most unified statewide court systems include online resources for small claims court. Their resources for the public generally... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Environmental and Landlord - Tenant for Michigan on
Q: I stayed in a hotel for 118 days this year that was shut down by the fire marshal because they didn’t replace a panel

Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... Read more »

Trent Harris
Trent Harris answered on Aug 28, 2020

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for West Virginia on
Q: I found a piece of bone or wood in my spaghettios and choked on it can I sue and would it be worth it?
Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

A West Virginia attorney could answer best, but your question remains open for two weeks. As as general matter, it could be a difficult case. In such lawsuits, a claimant usually needs to demonstrate that they sustained a significant injury that carries some measure of duration or permanence. This... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Civil Rights for Florida on
Q: what are the laws regarding recording calls, outgoing & incoming? Do we need to provide a disclaimer? or just inform?

Do we need to make a disclaimer for both outgoing and incoming calls? or let the person know they're on a recorded line during outgoing phone calls? or both? If so, Is there a specific disclaimer that is best for legality purposes?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 26, 2020

Wow. I am surprised you had to ask this question in August 2020, what with all the calls being made to and from all kinds of banks, credit card companies, insurance companies, police departments and government agencies and many other entities that routinely tell people that the call is being... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Animal / Dog Law for Texas on
Q: 2 women saying they are suing me because they prepaid for my dogs to get fixed & I didn't show. they won't show me proof

I didn't show because I tried to call their vet and they got ugly and said don't contact their vet again. They text me and won't tell me who they are. I feel harassed don't they have to show me proof where they paid to see what I may owe them?

Tim Akpinar
Tim Akpinar answered on Aug 24, 2020

A Texas attorney could advise best, but your question remains open for three weeks. From the description, it isn't fully clear what happened, but in terms of the proof you ask about, if they are suing, they would likely need to present that in the discovery phase of any lawsuit. Good luck... Read more »

1 Answer | Asked in Products Liability on
Q: Product liability for Canadian company selling products in USA?

I have a sole proprietorship company in Canada that sells products in USA. I live in Ecuador and my warehouse and mailing addresses are in Canada. For product liability insurance, where would I need insurance, if I need any? In which country would the customer sue me? Thanks

Tim Akpinar
Tim Akpinar answered on Aug 24, 2020

This might be something that an insurance broker would be more familiar with than an attorney in terms of their product lines and scopes of coverage. In terms of where one could be sued, that could be difficult to predict. A plaintiff could attempt to bring a lawsuit where they reside, and whether... Read more »

1 Answer | Asked in Business Law, Products Liability and Public Benefits for Tennessee on
Q: Can you sell food in Tennessee past the use thru date printed on the package

Or if there are any loopholes that would allow litigation/investigation

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

A Tennessee attorney could answer best but your question remains open for five weeks. You might look into whether the Tennessee Department of Agriculture or U.S. Food and Drug Administration's Nashville office could offer you input. In terms of litigation, if someone became ill from spoiled... Read more »

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