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Texas Products Liability Questions & Answers
1 Answer | Asked in Car Accidents, Personal Injury and Products Liability for Texas on
Q: ConsumerAttyCase? 4 Brand new wheels & tires bought & installed 1hr later had blowout wrecked car sustained back injury

Accident on NB IH35 in Hays Cty Tires were bought & installed in San Antonio My car was the only one involved in the accident I was headed home after installation I had a blowout on driverside rear tire which spun me around and I landed against retaining wall smashed into my front passenger... Read more »

Todd Kelly
Todd Kelly answered on Jun 2, 2021

It certainly sounds like you have a valid claim against either Discount Tire, the tire manufacturer, or both. The real question in my mind is whether there were significant injuries from the crash, as these can be expensive cases to pursue.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Workers' Compensation for Texas on
Q: How to describe pain in body specifically without sounding like a junkie or like I'm reading off a cue card

Ok so my attorney said he wants me to list off all my back issues with like l1 l2 l3 l4 l5 c2 c3 c4 and t1 t2 t3 t4 t5 n neck and my torn shoulders he said you have tooth pain that's your new fav word look at a nerve diagram and follow these nerves n be like cause l5 is messed up on pauper... Read more »

Tim Akpinar
Tim Akpinar answered on May 29, 2021

A Texas attorney could advise best, but your post remains open for two weeks. Regardless of what state you're in, it sounds like you have an attorney representing and advising you. So that must be respected. But as a general note, it sounds like you are going to an IME (independent medical... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Civil Rights for Texas on
Q: My understanding is Anthony Fauci owns patents in vaccines he's promoting using his official position with the US CDC

Seems like a clear conflict of interest which he can be sued or indicted for fraud for?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 14, 2021

Think about the person who led you to this "understanding" about Fauci's patents. That person is either ignorant or deliberately manipulating you. They are either stupid or evil. Either way, that person is not a reliable source of information. Stop listening to that person.... Read more »

2 Answers | Asked in Criminal Law, Products Liability, Civil Rights and Federal Crimes for Texas on
Q: Envirox H2Orange2 Concentrate 117 Sanitizer virucide cleaner is what we spray our warehouse with against COVID-19.

On the back it says it’s a violation of Federal Law to use this product inconsistent with its labeling. It kills only 4 viruses being Herpes Simplex Virus Type 2, Influenza A2/Japan, HBV, and HIV-1. None of these are Coronavirus/COVID-19 related. Therefore being a violation of Federal Law and... Read more »

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

No. That's not what use inconsistent with means. Who knows, the company may have consulted an industrial hygienist.

Also, to sue for damages you have to show you actually suffered something--not could have.

If you have a concern you may report it to your state OSHA or US Dept of Labor OSHA

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1 Answer | Asked in Products Liability, Collections and Juvenile Law for Texas on
Q: Are recreational balisongs/butterfly knives legal?
Peter N. Munsing
Peter N. Munsing answered on Feb 25, 2021

They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Who is legally responsible for monitoring the sale of alcohol?

I wrk for a large transportation company my manager says I am not allowed to manage or control the amount of beer I serve in a trip. That if they want 4 beers an hour per person to sell them the 4 beers. When I was hired decades ago I was taught that I was legally responsible and in control of... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

A Texas attorney could advise best, but your post remains open for two weeks. You are astute to recognize the possible applicability of dram shop statutes in such settings. These statutes are not universal across the nation - although the general premise of assigning liability to an establishment... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: My family and I have suffered a great loss due to a product I use. What do I do now?

I wasnt aware this product could cause this to happen because I'm either the first one to go through this, or others have not made this information and possibility known to the general public . If the company is aware of this from other silent families and have done nothing differently to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 25, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry for your family's ordeal. Without knowing more about the product or its effects on you and your family, I'd suggest you reach out to Texas attorneys who handle product-related injury cases. The... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Landlord - Tenant for Texas on
Q: Is there something to support a request to replace corded blinds with cordless ones. Disabled child. Apt in Texas

My son and I moved into an apartment furnished with mini blinds with cords. I want to request they replace them w/cordless ones. My son is disabled and I’m afraid he’s going to hurt himself. Is there any documentation I can include in the request to help get it approved? We live in Texas

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Texas attorney could advise best, but your post remains open for four weeks. This might involve a narrow field of legal expertise. Maybe an attorney who deals with accommodations made under the Americans with Disabilities Act (and state laws involving disability/housing) might be knowledgeable... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Animal / Dog Law for Texas on
Q: 2 women saying they are suing me because they prepaid for my dogs to get fixed & I didn't show. they won't show me proof

I didn't show because I tried to call their vet and they got ugly and said don't contact their vet again. They text me and won't tell me who they are. I feel harassed don't they have to show me proof where they paid to see what I may owe them?

Tim Akpinar
Tim Akpinar answered on Aug 24, 2020

A Texas attorney could advise best, but your question remains open for three weeks. From the description, it isn't fully clear what happened, but in terms of the proof you ask about, if they are suing, they would likely need to present that in the discovery phase of any lawsuit. Good luck... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: Do you need a medical power of attorney to join in on the Zantac lawsuit?
Tim Akpinar
Tim Akpinar answered on Aug 16, 2020

A Texas attorney could answer best, but your question remains open for two weeks. As a general matter, one does not need a power of attorney unless they are acting on behalf of another. You could reach out to attorneys handling these cases; if you choose to work with one that you feel comfortable... Read more »

1 Answer | Asked in Business Law, Copyright and Products Liability for Texas on
Q: Is it legal to repackage alcohol into smaller bottles and sell those without any license? And ship across state lines?
Tim Akpinar
Tim Akpinar answered on Jun 27, 2020

A Texas attorney could advise best, but your post remains open for five weeks. Until you are able to arrange a consult with an attorney who handles such matters, you might be able to research some of the free resources of the USPS, in terms of their conditions and limitations for various solid and... Read more »

3 Answers | Asked in Consumer Law, Criminal Law and Products Liability for Texas on
Q: Am I required by law to report a stolen package containing ammunition?

I purchased ammunition from an authorized dealer online and had it shipped to my apartment address. The package was then stolen from my doorstep. It contained x60 .223 Remington bullets. If I understand correctly, this act is a felony, and I need to know what my legal obligation is in this... Read more »

Chad Zubi
Chad Zubi answered on Jun 1, 2020

You aren't legally required to report the ammunition stolen, but it would be a good idea.

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1 Answer | Asked in Products Liability for Texas on
Q: What is the proper bluebook citation for this case?
Tim Akpinar
Tim Akpinar answered on Apr 22, 2020

You may have already taken care of this by now. But it remains open for four weeks, and many offices are on reduced service. You could contact offices that remain open to directly to discuss the handling of the matter. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability and Trademark for Texas on
Q: Can I use portions from a beer bottle label to create products to sell, or is this in violation of trademark law?

I wouldn't be using the entire paper label from a used beer bottle that has been discarded. Portions of a trademarked logo or word maybe visible on some pieces but not others. It is all based on what I can and cannot use from the beer bottle paper label that is not damaged. I am unable to find... Read more »

Barbara Berschler
Barbara Berschler answered on Apr 3, 2020

Your question touches on several intellectual property issues, most notably trademark and copyright. Whoever owns the copyright rights in the label's design does not loose them simply because the bottle it was attached to has been discarded or the label ripped. Similarly, if the portion of... Read more »

1 Answer | Asked in Products Liability, Business Formation and Small Claims for Texas on
Q: Quick question, I have not received my refund for almost four months from Adidas. I've called them more than 3-4 times!

But no luck! I wanna sue them, cause this has been going on for a long time and every time I call them, they say they are sorry and they are going to refund it and all! But nothing... Even local shops just would refund in a day or two, but every time I call them, they say it is in the process and... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 23, 2020

A Texas attorney who deals with consumer rights issues could advise in the most meaningful manner here. But your question remains open for four weeks. Keep in mind that in pursuing a lawsuit, your time lost from work/school in going to court, handling paperwork, etc. could run you more than the... Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: I am in the process of cleaning from a mattress that is only 4 years old ..it is in my guest room....I found fiberglass

anyway the mattress place said i must of took the cover off...I never have even tho it says u can,,,it has been used very little..i want to file a lawsuit to recover money for clean up and replace all the bed and clothes and carpet and stress from this and the health problems

Tim Akpinar
Tim Akpinar answered on Dec 29, 2019

I'm sorry for your ordeal. Unfortunately, the passage of so much time could present some serious challenges here. If you were able to arrange a free, or brief limited-fee initial consult, a Texas attorney should be able to outline some of these for you in greater detail. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Texas on
Q: Used car dealer sold me a car with problems and after the maker agreed to repair my car, it's been 13 months!!

My car year/make/model is directly related to at least 2 class action lawsuits, (I did not partake in)

My car has been at a local dealership since July 2018 and no news, every time I call I get, "we are still waiting on ur engine to arrive, it is on backorder"

At the time... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 5, 2019

'Sorry that your question was not picked up in four weeks. At this point, you could contact a Texas lemon law attorney and go through your folder in detail with them, bringing to their attention your information involving the class actions. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability for Texas on
Q: Hello, What type of lawyer would I hire to find and or verify patents, trademarks, and or copyrights on products

I am getting into the baby teether and pacifier clip business and every body is throwing around cease and desist letters like candy on color combos and claiming they have the rights to them so I would like to confirm that

Tim Akpinar
Tim Akpinar answered on Sep 4, 2019

What kind of lawyer? It sounds like contacting a trademark attorney or patent attorney could be a good place to start. Once you tell them what the cease and desist letters are about, hopefully they could better evaluate your situation. If you're getting such letters, it might be good to speak... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said,...
Read more »

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2 Answers | Asked in Car Accidents, Consumer Law, Small Claims and Products Liability for Texas on
Q: Who is liable for repair costs of my truck that caught fire from lithium battery?

My truck caught fire while I was driving. Firefighters informed me the cause of fire began from weed eater Ryobi 18v lithium battery in the bed of my truck. I purchased from Home Depot. I have been advised by Ryobi employee to file an insurance claim with my car insurance. I would prefer not to do... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 26, 2019

As you didn't cause the claim and as they would have a "subrogation claim" your rates shouldn't go up.

You want your vehicle fixed or totaled. Don't worry about your company.

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