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Texas Products Liability Questions & Answers
1 Answer | Asked in Products Liability and Health Care Law for Texas on
Q: I got a personal hyperbaric oxygen chamber for myself. I am also a personal trainer and want to rent it out to others.

Hbot does not claim any specific benefits and is done at anti aging clinics and gyms and other places. Can I rent the chamber by the hour without being sued? I have an llc...which is worth nothing (my business is small) so if they sued the company they wouldn't get anything. Also does home... View More

Tim Akpinar
Tim Akpinar
answered on Oct 7, 2024

A Texas attorney could advise best, but your question remains open for three weeks. I would advise against offering services to the public without first looking whether there are licenses or credentials needed for such activity. I don't think that a homeowner's policy would cover such... View More

2 Answers | Asked in Personal Injury and Products Liability for Texas on
Q: I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel

I had a stabilizer bar that broke on my ford while driving and I couldn't turn the wheel I quickly stopped and saw that that a weld had broken i welded the part to make it home under further inspection I discovered that the original part shouldn't even have any welds and someone had... View More

John Michael Frick
John Michael Frick
answered on Oct 7, 2024

Assuming that you purchased the vehicle new and it is still in warranty, you likely have a claim against the manufacturer under the warranty to have the stabilizer bar properly replaced.

If you bought the vehicle used, it is most likely you bought the vehicle "as-is" and that any...
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1 Answer | Asked in Products Liability, Personal Injury and Wrongful Death for Texas on
Q: I received settlement from Bayer/Monsanto for my husband's non Hodgkin'lymphoma. After they offered me the initial sett

Settlement they then asked me if I could hold out for a larger settlement as my husband passed away from his Roundup exposure. It is now been 2 years and still no settlement they say keep holding out if possible is this normal?

Tim Akpinar
Tim Akpinar
answered on Mar 17, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your husband. Your attorney would be in the best position to answer this, but based on the timeline you describe, one possibility is that your law firm added the wrongful death element... View More

2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2024

I'm very sorry for the loss of your husband. I agree with my colleague on the pain and suffering element. It would depend on the nature, duration, and severity. You may already be represented by counsel, but if not, please keep in mind that if the railway entity you mention has public elements... View More

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2 Answers | Asked in Personal Injury, Products Liability and Wrongful Death for Texas on
Q: How much to ask for as it relates to pain and suffering?

Spouse was diagnosed with stage four cancer at 47. He worked in contaminated train yard for 17 years. The contamination was unknown at time of diagnoses.

He said, come to his injuries and leave behind one spouse of 20 years, who he intended to send back to college because she was a stay at... View More

John Michael Frick
John Michael Frick
answered on Mar 8, 2024

Pain and suffering is a non-economic damage to compensate your spouse for the conscious physical pain he endured as a result of his exposure which caused his cancer up to the time of his death. It is recoverable by the personal representative of his estate in a survival action. How much to ask... View More

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1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: If I Purchase A Product From A Store I Got Very Sick And Was Taking To The Hospital 2 times in 1 day It was Very scary
Tim Akpinar
Tim Akpinar
answered on Nov 14, 2024

A Texas attorney could advise best, but your question remains open for a week. I'm sorry for your ordeal. Your post did not include a question, but it's likely you are wondering about your rights here. One option is for you to reach out to Texas attorneys to try to arrange a free initial... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Texas on
Q: Would it be advisable to take my roofing company to small claims court (Texas)?

The short story: AFTER I was under contract with this roofing company to replace my roof through an insurance claim, the entire experience was a nightmare to say the least. The work was not done well. I could not contact the company nor get them to contact me throughout the process. Upon... View More

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

I don't see how you can recover the full cost of the roof back. But, if you prove those facts, you likely can recover the vent repair costs, doctor's bills and court fees. I would recommend small claims court since you indicate those damages are under $20,000.

2 Answers | Asked in Consumer Law, Family Law and Products Liability for Texas on
Q: My parent gifted me 4 fake Lego sets and pretended it was the real thing, do they have to reimburse me in any way?

If they bought the real sets, they would have spent about 50 dollars more than the fake sets, around 560 dollars. Now the combined value of the real sets would be around 2600 dollars.

Michael J. Mandelbrot
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answered on Nov 6, 2024

Who are you going to sue? Your parents? It was gift. If you really wanted to real sets, you could have returned the gift and put in $50.00 more yourself. I doubt any lawyer would take this case. Your parents had good intentions and were trying to be cost-effective. In 30 years, I have never heard... View More

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1 Answer | Asked in Products Liability for Texas on
Q: I bought a car paid in 11000 on it still owe 4000 on a vehicle the deal ship did not disclose there was frame damage

The tags are expired and the car still hasn’t been switched over the car is worth 5.500 because of frame damage do I have a case for a lawsuit

John Michael Frick
John Michael Frick
answered on Nov 5, 2024

If you purchased the car new, yes you probably have a case.

If you purchased the car used, it is unlikely you have a case against the dealership but you may have a case against any mechanic you hired to perform a pre-purchase inspection.

1 Answer | Asked in Copyright and Products Liability for Texas on
Q: If using a LLM to create code layout from an image snapshat I took. Can I use that to create a layout to sell?

Any images within the original image will not be used in the final product. Output will use a different css framework as the original layout and there will be slight differences in functionality and positioning of elements, etc. Basically I'm looking for copyright advice and if there is any... View More

James L. Arrasmith
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answered on Sep 25, 2024

When creating a code layout based on an image snapshot, copyright concerns depend on how closely the final product resembles the original. Since you’re using a different CSS framework and making modifications to functionality and positioning, you are introducing enough changes to reduce the risk... View More

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Civil Rights for Texas on
Q: Can I sue hyundai for faulty work?

6/2022 hyundai replace my engine due to a recall. They charged me against my decline $1200 for a fuel pump and would not release my car until i paid. (I have evidence). They stated that everything was new & I had a warranty for 12 months. 15 months later, the engine and fuel pump are both out... View More

James L. Arrasmith
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answered on Sep 22, 2024

It sounds like you're facing a serious issue with your Hyundai after the engine replacement and fuel pump service. Since you paid for the parts and they assured you everything was new with a 12-month warranty, but now the engine and fuel pump have failed just 15 months later, you might have... View More

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for Texas on
Q: What’s an appropriate settlement amount for food poisoning ?

Diagnosed with food poisoning by hospital, out of work for a week. Had proof of the that it was the restaurant’s responsibility. I want to be fairly compensated but I also wasn’t to be fair to the company as well.

John Michael Frick
John Michael Frick
answered on Jul 17, 2024

One week's lost wages plus whatever you paid for medical treatment for the food poisoning.

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3 Answers | Asked in Products Liability and Real Estate Law for Texas on
Q: A friend asked me to come and bid for a half interest on her house andher attorney showed up and outbid me. Feel defraud
John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Seems counterproductive for your friend for her attorney to have to outbid you for her half-interest in her house.

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1 Answer | Asked in Products Liability for Texas on
Q: Can I walk away from a course that i havent paid for in full yet if im not happy with the services?

I signed a contract for four months pertaining to real estate course. The many things that I was promised would be part of the course, I am not happy with. The course includes phone calls,texts with the coaches, messages with the coaches. Many of my messages go unanswered. The phone calls feel... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2024

The first thing to check would be the agreement or contract in registering for the course. Look into whether there are any sections that deal with cancellation, withdrawl, refunds, etc. Good luck

1 Answer | Asked in Public Benefits, Consumer Law, Products Liability and Business Law for Texas on
Q: What are some things I can do to increase the importance of hygiene and QC at my local tobacco shop as a member/buyer.

I have a local cigar shop that's produces all in house. Tons of boxes all around of future cigar binders, fillers and wrappers. I've seen mold a hand full of times. Not cigar bloom but clear as day mold on the ends or twisted tips. Many times I'll grab the multi packs off the display... View More

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

It's possible that there could be technical solutions, since you seem to like the place and its owners and don't want them to be hurt - dehumidification, air conditioning, etc. Good luck

1 Answer | Asked in Products Liability for Texas on
Q: Has the statute of limitations past for Suboxone tooth decay in Texas? Both daughters severely affected

They have taken the strips since about 2015 or 2016 and still on it. Just recently heard about law suits, teeth are completely gone for one and severely rotted for other daughter

Tim Akpinar
Tim Akpinar
answered on Mar 6, 2024

A Texas attorney could advise best, but your question remains open for three weeks. One option could be to contact law firms that may be handling such cases. Such product liability firms often hold themselves out for specific prescription medications or medical products. If you search online and... View More

1 Answer | Asked in Contracts, Family Law, Products Liability and Small Claims for Texas on
Q: My sister will not return her phone

I have a plan with Verizon and my sister is on my account. She hasn’t paid her portion of the bill in a few months, so I have been paying so the service won’t be disconnected. We are both still paying off our phones, it’s about $700 left to pay off per phone. Ive suspended her line but she... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

After paying Verizon, you can sue your sister for the money she owes you in small claims court.

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Real Estate Law for Texas on
Q: deca zenith

Greetings, I am interested in engaging in a discourse regarding the solar system that has been implemented at my place of residence. I have faced a predicament with the company, as they have made inaccurate assertions pertaining to the financial advantages of the system. Precisely, when entering... View More

John Michael Frick
John Michael Frick
answered on Oct 23, 2023

You may find this pending litigation helpful:

https://dockets.justia.com/docket/florida/flsdce/0:2023cv61463/651578

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1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for Texas on
Q: Can i sue if their social media says the product gives no ___ & on the website it says reduced __?

Can i sue a company if they have on their social media pages saying that the product gives no ___ and then on the website and other places, it says reduced ___? On their posts and everything it says without the ____

Tim Akpinar
Tim Akpinar
answered on Oct 5, 2023

A Texas attorney could advise best, but your question remains open for two weeks. It sounds like you're raising the issue of misrepresentation. In answering your question about suing, it's possible you could, but an issue that will arise is the extent of damages you may have suffered. Good luck

1 Answer | Asked in Products Liability for Texas on
Q: Can asking who pays your property taxes be a form of intimidation in a deposition?

Or the question do you keep your garage locked?

John Michael Frick
John Michael Frick
answered on Sep 9, 2023

It doesn’t sound intimidating.

In a deposition, you should answer all questions as truthfully and briefly as possible. In many instances, a person not trained in law may not understand the relevance of a particular question or why it may lead to the discovery of admissible evidence....
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