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Florida Products Liability Questions & Answers

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

Q: I don’t know if I have anything here. But thought I would ask. Better to ask then always wonder and wish I'd of asked.

My name is Rebecca Buckley. My child was diagnosed with pneumonia 9/9/19. The prescription of Azithromycin was filled at a CVS pharmacy. I gave her a dose Monday and Tuesday. When I went to give her a dose today I noticed the expiration date was 5/19. I had been giving my 6 year old child an... Read more »

Spencer Aronfeld, Esq. answered on Sep 11, 2019

Horrible. I don’t know where you are but if you’re in Florida you can report them to the Department of Health.

If you child had become ill because of the expired drug you might have a case against CVS.

Thank you for your question.

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1 Answer | Asked in Products Liability, Business Formation and Patents (Intellectual Property) for Florida on

Q: can you help me find the seed money to make my parent 7571681 presentable? I need a Angel investor? A Grant wrighter?

My only income is my SOCIAL SECURITY DISABILITY CHECK I AM OPEN TO ALL POSSIBILITIES.

ERIC TRUMP EVEN ASKED ME TO SEND HIM A BUSINESS PLAN Based on my patent 7571681 four patent in one.

RR Tie replacement on the run

Recycling the old RR ties

Recycling the spikes... Read more »

Kevin E. Flynn answered on Sep 10, 2019

Raising money is a skill. Most patent attorneys do not have that skill. You may want to get some free advice and some introduction from this state agency...http://floridasbdc.org

I hope this helps

Kevin E Flynn

2 Answers | Asked in Criminal Law, Products Liability and Small Claims for Florida on

Q: If given notice to the court can I have a polygraph test brought in to prove my innocent Florida.

She said she going to me to Small claims court. less than $300

It’s a he say she say sort of thing

Trying to get money out of me that is not theirs

Gary Kollin answered on Sep 6, 2019

Polygraphs are inadmissible in zflorida

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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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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 Products Liability for Florida on

Q: If my case was dismissed with prejudice in Federal Court, can I start from scratch in State Court?

My products liability case was dismissed with prejudice in federal court. The appeals court found there was abuse of discretion in not acting on a motion to amend but that the mistake did not amount to "exceptional circumstances" to provide relief from judgement. Unfortunately, the "prejudice"... Read more »

Terrence H Thorgaard answered on May 6, 2019

No, the state court would probably find that the doctrine of res judicata applies, and you cannot relitigate the case in state court.

1 Answer | Asked in Products Liability, Real Estate Law, Traffic Tickets and Car Accidents for Florida on

Q: parents liability protection

S will be taking a vehicle to the university and he will need the vehicle to travel to/from his part time job I am wondering if it makes any sense to transfer the title to S's name? Does that offer us (parents) any protection from liability if, god forbid, something happens and he (we) was sued? I... Read more »

Charles M. Baron answered on Mar 26, 2019

Yes, if your adult son has sole title to the vehicle, he, and he alone, is legally responsible for it and the use of it. Once your child turns 18, you are not responsible in any way for his acts or omissions for use of vehicles (or anything else) that are not owned by you, not shared with you, and... Read more »

1 Answer | Asked in Products Liability and Small Claims for Florida on

Q: Can we sue for our money back

Bought a car online, they stated in writing that there were no issues with car. So we bought it, took to our mechanic 2 days later and it has $1000+ damage that needs to be fixed. Bad motor, blown head gasket, thermostat, and radiator hose. They refuse to give us our money back.

Terrence H Thorgaard answered on Mar 15, 2019

Yes, you can sue, provide that you didn't sign some "as is" waiver of warranty.

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

Q: My outside air conditioning unit caught on fire & was put out by the fire department. No one knows what caused it.

My home insurance will cover it less my deductible. In the mean time the manufacturer has agreed to replace it if I sign a release. Can I accept both offers legally?

Tim Akpinar answered on Feb 14, 2019

If the manufacturer agrees to replace it, then it would seem there is no longer a loss for insurance to cover. If you choose the insurance company's payment, you have the deductible to consider. Insurance carriers will offset their payments, or choose not to issue payment, if a loss is already... Read more »

4 Answers | Asked in Products Liability for Florida on

Q: What's the difference between strict and regular liability for products liability cases?

Stephen Arnold Black answered on Dec 27, 2018

strict liability is a cause of action where the Plaintiff doesn't need to prove negligence to win.

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1 Answer | Asked in Products Liability and Civil Litigation for Florida on

Q: I noticed a dog toy that I stock in my store has a sharp edge on all of the toys. I pulled them from the rack and told

the manufacturer but they've never responded to me. Can I sue them to get them to stop making the toy? No dogs have been injured to my knowledge, but I'm worried one might be.

Terrence H Thorgaard answered on Nov 22, 2018

No, you can't sue. You don't have standing. Simply continue to refuse to sell the toy.

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Florida on

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

Lawsuit filed for PI with faulty. My husband and I hired lawyer. Contract is with husband AND me. Plaintiffs are husband AND me. The settlement was offered and lawyer called husband and made agreement without even talking with me. Aren’t I just as much a part of the case as well? Even though he... Read more »

Terrence H Thorgaard answered on Sep 17, 2018

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.

1 Answer | Asked in Products Liability for Florida on

Q: does a verdict have to be unanimous in product liability case in the state of California

Terrence H Thorgaard answered on Aug 9, 2018

I'm curious: why did you ask this question in the Florida forum? You should re-ask it here:

Justia › Ask a Lawyer › California › Products Liability ›

1 Answer | Asked in Products Liability for Florida on

Q: does a verdict have to be unanimous in product liability case

Robert D. Kreisman answered on Aug 9, 2018

It depends on the state jurisdiction. In Illinois, all jury trials need to be unanimous. If not, that would lead to a mistrial; a "hung jury." You should contact a FL attorney for the answer in your venue assuming you're speaking about a FL case. A federal jury case requires a unanimous... Read more »

1 Answer | Asked in Products Liability for Florida on

Q: If the company already paid for a replacement can I still sue them?

Terrence H Thorgaard answered on Jul 27, 2018

Did you suffer bodily injury or otherwise suffer monetary loss in addition to the cost of the item that was replaced?

1 Answer | Asked in Contracts, Products Liability and Real Estate Law for Florida on

Q: If you sign an assignment of benefits from your insurance company to acontractor and they do not do the work, what to do

if you sign an assignment of benefits between your insurance company and contractor, and the contractor does not do the work properly, even damaging your property, what can you do?

Jonathan A. Klurfeld answered on Jul 3, 2018

Contact your insurance company, the ones who paid then, and let them know the work they paid for isnt being done.

1 Answer | Asked in Products Liability for Florida on

Q: I hurt myself using a power tool that I modified. I still think it was too dangerous by default. Can I sue?

Terrence H Thorgaard answered on Jun 8, 2018

If the defendant (manufacturer, dealer, etc.) can prove that the accident would not have occurred but for your modification, I don't believe you could successfully sue. Speak with an attorney who does product liability litigation.

1 Answer | Asked in Consumer Law and Products Liability for Florida on

Q: any suits on l.c.s complete knee re[lacements

Andy Wayne Williamson answered on Mar 16, 2018

Possibly, but don't know for sure. Best advice is to consult with a Mass Tort / medical malpractice law firm in your area or near your area. Those types of firms will be in the best position to handle that type of claim.

Good luck,

1 Answer | Asked in Civil Litigation, Civil Rights and Products Liability for Florida on

Q: I rented a car from the Turo app for a week. I got pulled over by the police for an improper left. The officer gave me 3

tickets. One for the improper left. Another for expired registration and the last for proof of insurance. I later found the insurance for the car and it was expired also and the decal was from last year. I brought this to Turo’s attention and they let me know that they would take care of it.... Read more »

Andy Wayne Williamson answered on Mar 5, 2018

Potentially yes, as to the insurance issue and the expired registration. Your case against them will be civil, whereas the 3 tickets against you are likely traffic related. While they revolve around the same issue, your civil suit against them or claim of a civil suit will not absolve you of... Read more »

1 Answer | Asked in Products Liability for Florida on

Q: I parked my motorcycle in parking lot belong to the hotel and got stolen there can I sue the hotel or no?

The hotel said they don't have camera and they got nothing

Terrence H Thorgaard answered on Feb 28, 2018

The hotel probably isn't liable, unless they suggested somehow that they would do anything special to look after your motorcycle.

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