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New York Products Liability Questions & Answers
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...
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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

1 Answer | Asked in Products Liability and Business Law for New York on
Q: What does “606- Abandoned- No statement of use found” mean. Searching files for UTB talent management.
Gregory Byrnes
Gregory Byrnes answered on Apr 12, 2020

It means someone filed for the trademark as "intent to use" and there was a failure to complete the registration because a statement of use was never filed. Here is the explanation from the USPTO https://www.uspto.gov/trademarks-application-process/abandoned-applications

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... Read more »

James Avery
James Avery answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

1 Answer | Asked in Products Liability for New York on
Q: should I testify for guilty or non guilty for a petit larceny to get an ACD ? (I am a first offender)
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

You should present this question to a criminal defense attorney. You are in the Product Liability category, which is about people who are injured by dangerous products. You could find criminal defense attorneys in or near your county listed on this site, or through your own independent searches, or... Read more »

1 Answer | Asked in Copyright, Products Liability, Intellectual Property and Trademark for New York on
Q: Can I use 'But can you pay my bills?' on merchandise without infringing on 'Bills, Bills, Bills' by Destiny's Child?

I am a designer and what to create tshirts for women that say 'But...can you pay my bills, tho'?' or 'Can you pay my bills?'. It's for a line of clothing that I want to produce. Since it's a common phrase I figured it would not cause an issue but want to stay on... Read more »

Tania Maria Williams
Tania Maria Williams answered on Mar 23, 2020

There are a couple considerations for what you're trying to do but the main consideration is if you would be able to protect it even if you used it. You may be able to use the first phrase without infringing on Queen Bey but that doesn't mean someone else doesn't have a registration... Read more »

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on
Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing
Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

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2 Answers | Asked in Contracts, Products Liability and Health Care Law for New York on
Q: I wish to know the approximate Attorney fees for the False claim act case

Hello,

I am a whistleblower working in a US based pharmaceutical company. I have highlighted potential non-compliance with cGMP requirement by the company to USFDA. USFDA has taken the issue seriously, issued many observations and followed by a warning letter. As of now, USFDA is not filed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 15, 2019

Florida law prohibits licensed lawyers from collecting more than 40% on contingency basis. That is why most lawyers charge the maximum. However, on any other basis attorney fees are unlimited. So some lawyers also keep accurate time records so--if they win--they can calculate the fee both ways and... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Products Liability and Business Law for New York on
Q: Destruction of Property- subcontractors

I hired a subcontractor to do work for me in NY state. He hired an uninsured, unlicensed guy to do the actual work. This person he hired went outside the scope of instructed work and started pulling wires, cutting wires, and shutting off breakers in my clients facility. Once this was discovered, he... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 8, 2019

How do you know the sub was a non-employee. You can always contact the Department of Labor. That may not help you much but only the DOL can decide who is or who is not an employee. Even if everyone wanted to agree, in writing, that the unlicensed was independent. What both parties think is beside... Read more »

3 Answers | Asked in Products Liability for New York on
Q: I never received a recall notice in the mail and then was injured as a result of not fixing the issue with my car. Can I

still sue over this?

Peter N. Munsing
Peter N. Munsing answered on Jan 8, 2019

If you didn't know about the problem with your car perhaps yes. Why not contact a member of the NY State trial Lawyers Assn who handles product cases? They give free consults.

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1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Q: Do different types of product defects come with different amounts of damages you're able to recover?
Tim Akpinar
Tim Akpinar answered on Nov 10, 2018

In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

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2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: Found something disgusting in my Tropicana drink
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

If you didn't get sick, complain, they'll give you a coupon. If you got sick contact a member of the NY State Trial Lawyers Assn.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Banking for New York on
Q: Acorns withdrew 1,000. Unauthorized.

Acorns withdrew $1,000 from my checking account. Said it was a "one-time investment", but i never withdrew anything manually or agreed to anything. I need an explanation for this. There's nowhere in the terms & conditions that state that this would happen. Is there any legal... Read more »

Michael David Siegel
Michael David Siegel answered on Oct 5, 2018

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.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

I am now 64 years old and at the age of 58 was diagnosed with severe Osteoporosis (i was told i have the bones of an 80 year old. I have seen several specialists who have no idea why I should have such a severe case. I do not smoke and i rarely drink. However, Scotia does fluoridate its water... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 25, 2018

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... Read more »

1 Answer | Asked in Products Liability for New York on
Q: I never got a recall notice b/c of a mail mix up -- does that mean I can't now get it fixed?
Tim Akpinar
Tim Akpinar answered on Sep 10, 2018

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.

1 Answer | Asked in Products Liability for New York on
Q: Can I file a lawsuit against a sunscreen company if because of their product I was horribly burned?
Camille Brooks Ibrahim
Camille Brooks Ibrahim answered on Jul 5, 2018

Potentially. Depending if a doctor can confirm an ingredient in the product scarred your skin.

1 Answer | Asked in Products Liability for New York on
Q: If I win a products liability suit, will I recover medical expenses as well as lost earnings even if I'm unemployed?
Gary Certain
Gary Certain answered on Jun 11, 2018

If you prevail, in addition to recovering a financial award for pain and suffering, medical expenses, as well as lost earnings, are generally recoverable in products liability actions under New York law. However, to prove lost earnings a plaintiff will be required to demonstrate that the... Read more »

1 Answer | Asked in Products Liability for New York on
Q: Is 40% reasonable for medical device lawsuit claim
Michael Bersani
Michael Bersani answered on Apr 4, 2018

If you are in New York, the maximum that can be charged is 1/3, and 40% is not allowed (if your case is about a personal injury).

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