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New York Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... Read more »

1 Answer | Asked in Products Liability and Intellectual Property for New York on
Q: Question on if the company was woven together with other company working up business and between them in one type

My working company suddenly received a warning letter on 1 of the product infringement issue from other company . The product patent registered name was go under the other company that they work in partners together for 1 of the products promoting business between them . The patents right still... Read more »

Jack Mevorach
Jack Mevorach
answered on Aug 1, 2022

Your post is a bit confusing. Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Products Liability and Car Accidents for New York on
Q: if you pay someone to settle a claim, how would you word a statement for them to sign stating it's settled ?

it's a small vehicle accident claim less than 900 dollors. we just don't want her to come back later and say we owe her more.

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

It would be difficult for an attorney to guide you on drafting a release with the format here. It sounds like you want to handle the release yourself. There are boilerplate releases online. No one here can tell you, "Consult an attorney," or, "Save money and do it yourself."... Read more »

2 Answers | Asked in Products Liability and Small Claims for New York on
Q: Received a demand letter in the mail should I respond?

Car accident occurred almost three years ago am now getting sued about property damage done to public property. The letter contains bill invoice that explains they have already tried sending bill to collections in registered owner name. My question is ,am I as the driver eligible to be sued.

Tim Akpinar
Tim Akpinar
answered on Feb 14, 2022

I'm sorry for the alarming letter you received. In general, a driver can be sued if they are liable in the accident. Public entities such as departments of transportation, power companies, etc. do go after drivers for damage to their structures or equipment. As a starting point, you could... Read more »

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1 Answer | Asked in Products Liability for New York on
Q: I need to find a lawyer to help me sue the company Gree. Because of them, my dehumidifier caused a house fire.

On August 6, 2020 we had a huge house fire due to a defective recalled dehumidifier. The dehumidifier company, GREE, never notified the public about this recall. My family and I are living in a trailer on the front lawn since that time.

My husband is disabled and has been suffering in the... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2022

I'm sorry for your ordeal. You could search online for product liability attorneys - you could also use the Find-a-Lawyer tab in the upper left side of this page. Attorneys here can't reach out to you because this forum doesn't work like an attorney referral service. It sounds like... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I found a clump of some kind of hair in my can of beer. What should I do?
Tim Akpinar
Tim Akpinar
answered on Jan 27, 2022

You could bring the matter to the attention of the manufacturer to alert them to a possible quality control problem. In terms of legal rights, you could preserve the clump and reach out to attorneys. However, attorneys are generally reluctant to handle such matters because they do not generally... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Products Liability for New York on
Q: Why would a claims adjuster deny a claim and then turn around and want to offer payment for pain caused by the incident?

I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.

Before the insured sent the complaint over to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2021

It's difficult to say what the cause for the change in position on the part of the insurance carrier was without seeing the file and all communications. But what you describe is not uncommon. A claim could initially be denied because the examiner has not been presented with sufficient evidence... Read more »

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1 Answer | Asked in Products Liability for New York on
Q: I filed a case against Johnson and Johnson and I found out the law firm I'm with is not reliable. So I'm trying to see

If my case is in court like they told me. I've been waiting for years.

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2021

You could ask your firm directly. It's a fairly straightforward inquiry. If you filed the case, then you already have an index number. If you had the law firm file (which is generally more common), you should be able to determine that an action is pending on your behalf through an index... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I’ve Been using these products for years

What can I do

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2021

If you are talking about about a situation where you were injured from using a product that was defective or unreasonably dangerous in some way, you could reach out to product liability attorneys to discuss in greater detail. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for New York on
Q: Can I win my money back in court without a receipt

A business owes me $600 and they do not want to pay me without a receipt but I only have one of the receipts can I win the money if I go to court

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2021

It could be up to the judge. It's difficult to answer your question with certainty, because it could depend on the willingness of the court to look at other evidence in the file. Good luck

Tim Akpinar

2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: i need a lawyer who handles claim for Hyundai elantra 2012 in NY or near NY
Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

This would be for a nine year old vehicle and you or they will need expert testimony. Be aware that if it is just for repairs, that will likely not be a case that any attorney will take, and you will have to have a mechanic ready to testify that it was a manufacturing defect that casued the... Read more »

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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...
Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

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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 »

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 Consumer Law and Products Liability for New York on
Q: My new product includes anime/cartoon characters

My new product includes anime/cartoon characters

I’m a small business owner and my new product is a phone case, I will be decorating a phone case with dead’s and stones along with an anime figurines (like sailor moon, power puff girls). I’m going to buy and collect these figurines... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2020

You may want to repost your question in the Trademark and Copyright sections. There's no guarantee that all questions are picked up, but it would have better chances of being seen there. Products Liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Copyright, Criminal Law, Products Liability and Business Law for New York on
Q: Adult Toy store disclaimer

I am currently building an online adult Toy store, I haven’t done anything yet except source products. I live in New York. My question is legally do I have to have an 18+ only disclosure on my website?

Marcos Garciaacosta
Marcos Garciaacosta
answered on May 13, 2020

Yes. Although New York has protected First Amendment rights in the context of adult stores. I believe is a good business practice to add a statement that your store will make efforts to restrict sales to minors.

Additionally, since you sell online through credit cards, access to shopping...
Read more »

1 Answer | Asked in Business Law, Products Liability and Consumer Law for New York on
Q: Can a business such as an online business, sell a product under an entirely different name than the manufacturer calls

For example: the producer (A and Co) of a chair calls it "Destiny Chair" The third party site selling the chair puts it up on its site under and entirely different name i.e. "Rhodes Chair". This can prevent competition because if i were to look up the name "Rhodes... Read more »

Tim Akpinar
Tim Akpinar
answered on May 7, 2020

You could try reposting your question in the Trademark and Intellectual Property sections. This isn't really a product liability matter (which is about injuries from dangerous or defective products) There's no guarantee that all questions are picked up, but it sounds like you're... Read more »

1 Answer | Asked in Products Liability for New York on
Q: Choking on product found in a packaged meal. Do I have a right to sue company?

Can't eat now and my 6 year old has anxiety since seeing me choke

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2020

I'm sorry for your ordeal. It could be difficult to base a case on these facts alone. If there was any type of medical response involved, and documented injuries, those could serve as evidence of an injury. You could consult with an attorney for a more in-depth opinion. Good luck

Tim Akpinar

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