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North Carolina Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for North Carolina on
Q: I have been using J&J product for 2 years now and it had definitely caused me a lot of hair loss, can I sue them?

I’m having issues with my scalp, hair loss (lots of it) doctor visits and etc. knowing this I’m feeling like I have been frauded and taken advantage of.

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jul 20, 2021

You will need qualified medical expert testimony that establishes the product caused your injury in order to have a good case. Product liability cases are very difficult to handle without a lawyer. I recommend you have a personal consultation with a personal injury lawyer to evaluate your case.

1 Answer | Asked in Products Liability for North Carolina on
Q: I am an 18 year old male who has experienced the negatives of the product. Can I get compensation for my hair loss?

My hair is thinning and I have a bald spot that recently appeared. Prior to some hair loss my scalp has been irritated whenever I touched my hair. This concerns the recent lawsuit involving Johnson & Johnson.

Peter N. Munsing
Peter N. Munsing answered on Jul 8, 2021

At your age you may wish to consider that having hair loss from whatever origin is unusual and you may want to consult an M.D. expert. Do not say you are interested in a case. Doctors don't like to be involved and you need a good diagnosis.

However to make a claim you need some reason...
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1 Answer | Asked in Business Formation, Business Law and Products Liability for North Carolina on
Q: Can I open a vending machine business that sells tobacco products in my state. North Carolina.

I read article 39 14-313 under the distribution of tobacco products and you would think it would be no however with the new technology of vending machines being able to use age verification, Would there be a way to get around this legislation and put these vending machines anywhere?

Peter N. Munsing
Peter N. Munsing answered on Mar 6, 2021

Unless the state permits that machine you would not be able to get the proper license to sell the product. It is unlikely, for many reasons, for that permission to be granted but you can always contact something like the American Enterprise Foundation to see if their legal arm is willing to... Read more »

1 Answer | Asked in Personal Injury and Products Liability for North Carolina on
Q: I used a hair dye on my beard and it caused serious chemical burns and face to swell and leakage

Can I sue the company even though it was hair dye not beard.

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Feb 10, 2021

Anyone can sue anyone for anything. Your suing would not be as much a stretch as this one, but you’ll either need to pay an attorney potentially tens of thousands of dollars or secure contingency representation.... Read more »

1 Answer | Asked in Products Liability for North Carolina on
Q: If I provide a paid digital service that the participants do on their own time do I need to include a waiver?

I have created several car scavenger hunts that people can pay and download a digital copy of the clues. The clues will send them around town to find different locations and do different tasks. Once they pay for the digital copy they can do it at anytime they please with whoever they decide to... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 28, 2020

A North Carolina attorney could advise best, but your post remains open for four weeks. Before offering guidance on waivers, disclaimers, or other notices to the public, as a general matter, an attorney might need to know more about the digital service. It's possible a consult could be needed... Read more »

1 Answer | Asked in Consumer Law, Lemon Law and Products Liability for North Carolina on
Q: We have a Jeep that is less than 2 years old that we have now sunk about $6,000 in repairs. What is our recourse?

There was a recall on the clutch and we fixed that issue before the recall and are trying to get reimbursed. The same issue has happened though on top of other issues. The car is used to and from work and normal use. It is only about 18 months old and we have sunk about $6,000 repairs on a brand... Read more »

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Jun 17, 2020

I assume you purchased the vehicle new. If you purchased a used vehicle, the lemon law does not apply. Here are the basic lemon law details for a few vehicle.

The problem occurs in some part of the vehicle that is covered by the manufacturer’s warranty and you are within the warranty...
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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for North Carolina on
Q: Can I rebottle a brewery's bulk hand sanitizer into smaller sizes (2oz, 5oz, etc.) and sell to biz's with permission?

I talked to a brewery about buying their WHO 80% Alcohol Formula in bulk and selling it to businesses within the triangle area in NC. I want to see what legal issues there may be and how to avoid getting into trouble.

My email to the brewery was:

"Good morning!

I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

A North Carolina attorney could advise you best, as state law issues could be applicable, but your post remains open for a week. One issue that you could consider is posing this question to a trademark attorney, as that category is not included in the selections made. You are selling someone... Read more »

1 Answer | Asked in Products Liability for North Carolina on
Q: I got a perscription from walmart and the label said take 1 tablet twice daily when the script was 2 daily twice a day.
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

There wasn't a question here, but if you're wondering if this creates the basis for a lawsuit, it would depend on damages. A court would look at what you suffered in terms of damages by taking one less pill as a standard dosage. Based on these brief facts, I don't see it as a case... Read more »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Landlord - Tenant for North Carolina on
Q: What can I do if the apartment complex I stay at entered my apartment and left my doors unlocked and items where stolen

They acknowledged they dropped the ball with not locking my door, but only offered me $1000 when my losses were over $13000

Peter N. Munsing
Peter N. Munsing answered on Dec 10, 2019

Ask for the 13,000. I assume you filed a police report and can document the value? Note that the value you'd get in court would be the value as they were. Tell them you expect the 13. Chances are they are trying to avoid an insurance claim.

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Products Liability for North Carolina on
Q: If a doc. between privatemployer and you is not notarized and a word doc, is it considered a legal doc

Husband out of work for 4 and a half months due to injury not sustained at work. Work said he had 40 hrs PTO he can use, but broken down to maintain insurance needed for operations , Dr appts, etc. Returns to work, employer hand him document that is not notrawarized and typed up in a Microsoft word... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Whether the document is notarized or not does not matter. This is a simple internal payroll issue. It sounds like the employer has allowed your husband to return to work but is also docking your husband's pay because he used more than 40 hours of PTO while tending to his medical needs. This... Read more »

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1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for North Carolina on
Q: Diagnosed with acute leukemia after working with Benzene for 21 years. What kind of attorney to we need?

My longtime partner, diagnosed with Acute Leukemia after working with Benzene products for 21 years. He tool all the precautions(mask, ventilation, etc.)In March 2018, After extensive research, experts at Harborview Medicine Environment and Occupational have determined benzene flipped the genetic... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

May have an occupational disease or similar claim. Look for a member of the NC Assn for Justice who handles workers compensation and toxic exposure cases--they give free consults and could best advise your partner.

1 Answer | Asked in Products Liability and Real Estate Law for North Carolina on
Q: I bought a house under the stipulation that repairs were made to the roof. If the roof repairs fail, can I sue?
Robert D. Kreisman
Robert D. Kreisman answered on Jan 1, 2018

You may be able to sue to enforce the clear terms of the contract. If the roof repairs were described in that contract, you should contact a local real estate attorney to learn what action you may be able to take to seek relief.

1 Answer | Asked in Consumer Law, Products Liability, Identity Theft and Small Claims for North Carolina on
Q: The equifax data breach can I sue in small claims for lifetime cost to protect myself class action won't cover 1 yr

The class action if lucky you'll get 500 dollars which is about 1 yr of protection actually defense can't protect now and it won't cover any time or aggravation or IRS protection from scammers but in small claims on and individual case could I ask for maximum pay out for local jurisdiction

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

You can try but they will likely fight it and the law is very complicated.

1 Answer | Asked in Consumer Law, Products Liability and Small Claims for North Carolina on
Q: I purchased a large quantity of liquid screen protector, and the product does not work. Do I have a right to return it?

I purchased ~$6k worth of the product, and subsequently found that it does not provide the protection that the manufacturer (a North Carolina entity) claimed. They have ignored my request to return the product, but I cannot sell something that I know doesn't work. In light of their refusal to... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 7, 2017

Breach of express and implied warranties or if you talked to them, warranties of fitness for a particular person. If you purchased because they advertised over there, you may be able to sue over there. Otherwise, you have to come here. You don't get travel expenses.

1 Answer | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for North Carolina on
Q: Car towed from in front of my home without notice and damaged. What can I do?

I walked outside my home two days ago to find my car gone. Towed because the HOA contracted a towing company to come by periodically to check for registered tags. But I got no notice for the tow. I went to pick up the car today and they would not let my friend pay for me even though we were both... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 16, 2017

You need to know what's wrong with it before you have a case. Just because it ran fine before doesn't mean it's fine now.

File a complaint with the HOA.

1 Answer | Asked in Criminal Law, Family Law, Products Liability and Intellectual Property for North Carolina on
Q: How long does it take in the court system in North Carolina to get detailed text messages from a cell phone?

My mother is trying to look up all my messages with a co worker

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Feb 14, 2017

You question makes no sense - the Court does not do what you are asking about. Are you saying your mother has subpoenaed your your cell phone records as part of a current court action and you are wondering how long it will take for her to receive them? If so - assuming the cell phone company... Read more »

1 Answer | Asked in Products Liability for North Carolina on
Q: Drug injury, miscarriage, & premature baby due to Haldol. How do I find a lawyer? Used NC Bar & no one will take it.
Peter N. Munsing
Peter N. Munsing answered on Oct 26, 2016

Look at my discussion on the posts about xarelto.In addition to those facts, understand that birth cases are extremely difficult when the fallout is health issues that can occur without any adverse reaction--you can have a premature baby, miscarriage with no drug being involved. To try to prove it... Read more »

2 Answers | Asked in Products Liability for North Carolina on
Q: Is there any additional monies other than pain and suffering with medical bills when dealing with strict liability claim

When I contacted the company and told them I know I didn't suffering massive injuries other than cut up mouth and MD appt. to get the bone out of my throat,but I was more lending to the fact they meet all the criteria for the stirct liability claim

Peter N. Munsing
Peter N. Munsing answered on Aug 31, 2016

not sure what you are asking. If what you mean is just for having a product claim do you get something--no. You get money for your pain and suffering --significant--and your medical bills, and any future problems a doctor says you will have, and any wage loss. If you mean do you get punitive... Read more »

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1 Answer | Asked in Civil Litigation and Products Liability for North Carolina on
Q: I was eating porkskins from a well known company,I "choked on a piece of bone cut the roof of my mouth,cut my tongue

and got a piece stuck in my tonsil that was removed by MD.The company stated to me there is no way what was in the bag was a "bone"So I had UNC Hosp. do a exam and Yes it was a "bone" I had a large and small piece.The company wants me to settle for 500$ since my injuries were... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 30, 2016

check with a couple of members of the NC Assn for Justice--they give free consults. The company may be right--that the problem is with their supplier--but it's their supplier. The law says there is a high degree of responsibility--strict liability --for food. It's on them. They should be... Read more »

1 Answer | Asked in Products Liability, Collections and Consumer Law for North Carolina on
Q: How do my mom avoid getting.sued by rffc finanical? My mom is on disability and can no longer afford the payments

The.company plan on suing her for the money but she doesnt have it. We offered to give them back their product but they refuse to take it. We keep getting phone calls from a lawyer who has not provided us his name but is always threatening my mom. What should we do

Peter N. Munsing
Peter N. Munsing answered on Aug 18, 2016

First, if he calls write down what he says, as exactly as you can, the time and day. i'm not sure what the product is.

If she is judgment proof with a bit of advice she really doesn't have anything to really worry about. Try contacting a consumer attorney through www.naca.net.As...
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