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Products Liability Questions & Answers

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law on

Q: question about dropshipping in canada

i run a drop shipping service in Canada and i cannot atm provide customers with the option of returning or exchanging items.

my question is this: can i legal disclaim this in my terms of service:

"We do not accept any item returns nor do we provide refunds. all exchanges are final.... Read more »

Peter N. Munsing answered on Aug 22, 2019

If it's legal in Canada you may, but it depends very likely on if it's consumer goods or trade goods. How would you have "exchanges" if you don't accept returns? If it's your business, it's worth having a qualified Canadian attorney who handles commercial shipping issues take a look at it.

1 Answer | Asked in Business Law, International Law and Products Liability on

Q: ORDERPLUS INTERNATIONAL LIMITED don't fulfill orders. I paid them months ago, the products haven't been shipped. SCAM

Peter N. Munsing answered on Aug 22, 2019

File a protest with your credit card. Some will get your money back for you. Notify the cops and see who they send you to.

2 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for Maryland on

Q: Good Evening, My name is Imelda. Pharmacy Medication/Patient Error. On 08/06/2019.

On 08/06/2019, doctor provided me with written prescription. Hand held prescription to pharmacy agent. Within minutes they had the prescription ready. After taking medication I felt very very ill. I called Dr. to inform her. When she mentioned to cut in half. Red light flashed, I took a good look... Read more »

Peter N. Munsing answered on Aug 22, 2019

Do both. Photograph the bottle etc, the receipt .

Realistically, you have a case but a very small one because from what you say nothing lasting happened--you had a nasty experience, but that would get you very little.

However the pharmacy should be notified because, who knows, the...
Read more »

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2 Answers | Asked in Consumer Law, Products Liability and Agricultural Law for Tennessee on

Q: I’d really like to know more about The Tennessee Meat and Poultry Inspection Act, mainly out of curiosity.

I was hoping I could get someone to summarize The Tennessee Meat and Poultry Inspection Act

Bennett James Wills answered on Aug 20, 2019

This is a very broad question. The Act is codified at TCA 53-7-201, et seq. Justia has the full text of the statutes on this website.

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2 Answers | Asked in Products Liability on

Q: Can I cancel my contract with Petaxxon? I'm not even sure what it is. Thank You.

My PayPal account was charged $24.95 for a supposed recurring payment

Tim Akpinar answered on Aug 19, 2019

Without seeing the contract, an attorney couldn't advise whether you can or cannot cancel. If you are not certain as to what the charge is, first determine if it is an error. If it is a charge made in error, bring that to the attention of PayPal. Good luck

Tim Akpinar

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2 Answers | Asked in Personal Injury and Products Liability for Alabama on

Q: Food Poisoning from Burger King. In 1995, I had gotten a terrible case of good poisoning.

Food Poisoning from Burger King. In 1995, I had gotten a terrible case of good poisoning. Went to the emergency room, had many tests done and the doctor confirmed it was what I had eaten, a burger from Burger Kind. I had the paperwork and went to the restaurant and spoke with the manager. Days... Read more »

J. Brent Burney answered on Aug 3, 2019

You will not be able to bring a suit a case against Burger King. In Alabama there is a two year statute of limitations on negligence cases. Which means that you must file a lawsuit against the negligent party within 2 years of the negligent act causing you injury. In you particular situation... Read more »

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3 Answers | Asked in Libel & Slander, Products Liability, Civil Litigation and Small Claims for Florida on

Q: Rented some tires left their shop and the tire flew off and the shop refuses to pay for what tore up and terminated conc

I Rented some tires from a place left their shop jumped on the expressway herd a clanking noise slowed down until the next exit got off and my tire flew clean threw the intersection and into the woods! Simply put i called the proper people got towed back to their shop and the guy got mad cause i... Read more »

Terrence H Thorgaard answered on Aug 3, 2019

Rental of tires is something I've never heard of. But I suppose that, if they put the tires on your rims and mounted the rims on your truck, they should have made sure the lug nuts were properly torqued.

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1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Virginia on

Q: I was hit from behind and have a police report, yet the other driver's insurance company still denied my claim. how?

The insurance company said that since they were unable to get a statement from their insured that the claim was denied. However I have a police report with the report number that I already submitted to the company

Tim Akpinar answered on Aug 3, 2019

Depending on the practices of the claim examiner and/or insurance carrier, they may be waiting for all information to come in before reviewing and considering the claim for payment. Hopefully, their insured will cooperate in a timely manner and this will enable processing your claim.

It...
Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Ohio on

Q: I purchased a instrumental directly from a seller and agreed to take the instrumental down off of YouTube and it‘s not

I purchased a instrumental directly from a seller. I found the instrumental on YouTube and contacted the person who made it. He doesn’t sell through a trusted site because he said it takes a good portion from his sales and does it directly. He also informed me that he will take it down from... Read more »

Bruce Alexander Minnick answered on Jul 30, 2019

It sounds like the real reason the seller does not use trusted sites to market his stuff is because he can sell the same stuff over and over and over to many trusting people like you if he uses his own site to bilk unsuspecting people. You might want to hire a lawyer to investigate this dude and... Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on

Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case ask them... Read more »

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1 Answer | Asked in Products Liability and Copyright for California on

Q: Can I use online-posted scientific research in support of my new product sales?

Can I post other's online pictures and text from their scientific experiments to help sell my new products?

Robert Philip Cogan answered on Jul 18, 2019

This is an open-ended question. In many cases using ideas from other publications is not copyright infringement. Using pictures and quotes could be. An interesting concept is that of getting permission from the author. This is not always difficult or expensive. Consulting an attorney could be a... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for Iowa on

Q: My fathers civil case trial in Iowa settled in Iowa, now can attorney get the percentage from texas no cap or iowas

In texas they have no amount or percentage capped they can get more than 33% by using texas law in Iowa we get 33% of settlement. texas also charges for court cost experts who testified traveling cost there own plain flew hear. We won was allowed to be reversed we appealed it was sent back to... Read more »

Erik Luthens answered on Jul 16, 2019

It is unclear as to what you are asking. You need to schedule an appointment (do not randomly call on the telephone) with your attorney and have him or her fully explain what is happening in your case.

3 Answers | Asked in Products Liability and Medical Malpractice for New Jersey on

Q: Hi! I would like to know if I have a case for product liability for a broken screw from my spinal stenosis surgery ?

I’ve been having excruciating pains in my lower back ever since I had my spinal stenosis surgery in 2015. My doctors advised me that with proper physical therapy and epidural injections I would feel back to normal. On 6/14/2019 I had a Ct scan and last week the doctors compared it to a 2018 CT... Read more »

Noel Rivers answered on Jul 16, 2019

It's hard to evaluate some cases without a more thorough review of all of the facts involved in the potential case. Though personal injury is not my main area of specialty, I work with an attorney who has extensive experience in helping people recover money in personal injury actions. He would be... Read more »

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2 Answers | Asked in Copyright, Products Liability and Patents (Intellectual Property) for Florida on

Q: I manufacture a simple/basic toilet seat cover. Is it safe to manufacture without violating any patents.

Peter D. Mlynek answered on Jul 13, 2019

If you are making something that has been around 20+ years, then you very likely will not infringe any patents. After all, that is the idea behind patents: after a patent expires (currently 20 years from the filing date of the patent application), then anyone can use whatever is disclosed in the... Read more »

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1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Car Accidents for Indiana on

Q: My insurance company wants to total my car, i was not at fault. Can i ignore this and pursue at fault party insurance?

I was at work when our job security ran into my parked vehical, it all on surveillance. We went through the usual insurance swap, police report, inform my insurance of the accident. I was unable to reach anyone in the at fault party insurance, so my insurance offered to reach out to get info and... Read more »

Peter N. Munsing answered on Jul 11, 2019

Either insurance can pay for the cost of fixing the car or the total loss value, it's their option. If you think it can be fixed you can buy it back for the salvage value, but then youget a "junk title" --and if you find out because of alignment or other problems it's not really a fixer, it's on... Read more »

Q: decorating false fingernail to sell, can a provisional patent application be filed, for process, false fingernail use

Kevin E. Flynn answered on Jul 10, 2019

You can file a provisional patent application and say patent pending for a year but that may not be a long-term fix. In order for the patent process to be valuable to you, you need to get claims in a non-provisional application through the examination process. You will need to show that what you... Read more »

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1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for Delaware on

Q: Dealership and manufacture will not work with me on my defective camper. Can not find a layer for help.

Sorry meant Lawyer for help.

Tim Akpinar answered on Jun 21, 2019

Based on these limited details, it's difficult to say why you were not able to find a lawyer to help you. It's possible that lawyers you spoke with did not see a strong or viable case, they may have felt that legal costs would have been out of proportion with the scope of the dispute, among other... Read more »

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Pennsylvania on

Q: Credit application sign jointly, company refiled it seperately without our consent. Are they liable for anything?

We signed a contract with a window company. We filled out the credit application jointly (my husband and I). It was denied and the window company reapplied seperately to different companies to get us the financing. They did not check with us regarding this and it has now hit out credit report as... Read more »

Bruce Alexander Minnick answered on Jun 19, 2019

Sorry to inform you but "hitting your credit rating twice" is not actionable at law because you cannot prove any damages. At best you can complain about the creditor to the credit reporting agency--who probably has a file on this same window company.

P.S. The credit application you and...
Read more »

3 Answers | Asked in Personal Injury and Products Liability for New Jersey on

Q: Is agreeing to dismiss a case without prejudice wise advice?

I have very serious injuries that have at times made me question why I even want to go on. My medical care is expensive and I need money for treatment. A number of people were injured similarly and my case was put in the MDL. My lawyer wants me to agree to dismiss the case without prejudice. He... Read more »

H. Scott Aalsberg Esq. answered on Jun 18, 2019

Without knowing all the facts about your case it would be improper for a lawyer to tell you what to do does it sound a little different than normal yst but your lawyer could have a good reason. As for taking less today to avoid a trial 5 years from today that is common.

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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.

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