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Products Liability Questions & Answers
3 Answers | Asked in Personal Injury, Products Liability, Car Accidents and Insurance Defense for West Virginia on
Q: I have a friend who needs help. He is handicap for life an none of it was his fault an he definitely needs compromised.

He was in a bad accident who by no fault of his own.

D. Michael Burke
D. Michael Burke
answered on Jul 3, 2023

You, or your friend, should contact a personal injury attorney in Point Pleasant. If you can't find one in Point Pleasant, try Huntington or Charleston. Once you find an attorney who can help your friend, the attorney can analyze and evaluate your friend's case. I am curious, when was... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

James Otto Heiting
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James Otto Heiting
answered on Jun 22, 2023

Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2023

Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 22, 2023

Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More

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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for Pennsylvania on
Q: I have permanent scar tissue on my nose from a pair of safety glasses cutting in and ripping the skin off can I sue

I wear prescription glasses and had to wear a pair of safety glasses over top of the prescription glasses the safety glasses had a sharp edge on the bottom and kept ripping into my skin kept cutting in my skin I tried many different pairs of the safety glasses and they all did the same thing they... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. It sounds like you may be working in an industrial, lab, or other setting where the glasses may be part of your safety gear in the course of your employment. If that's the case, it's possible you... View More

1 Answer | Asked in Contracts, Products Liability, Construction Law and Personal Injury for Florida on
Q: Inspection

The windows were bought and installed by Lowes in 2019. We just recently discovered they are all pulling away from our home at the top, allowing daylight, air, wetness in from the outside. You can see mold visibly in some spots. I, myself have had continuous breathing issues to the point that I had... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

You indicated that numerous lawyers have told you they cannot be of help. Did they provide the specific reasons, including principles of law and issues of proof, that caused them to decline the matter? That's step number one - to meet with a lawyer (either in person or virtually) to go over... View More

1 Answer | Asked in Personal Injury, Products Liability and Business Law for Michigan on
Q: Videographer creating ads for another company's safety product?

I am a videographer and run my own videography company. If I promote a safety product (film ads and take photos) for another company's product to be released on their social media, and that safety product ends up not being what is stated unbeknownst to me and it ends up failing and hurting... View More

Tim Akpinar
Tim Akpinar
answered on May 14, 2023

A Michigan attorney could advise best, but your question remains open for two weeks. In a setting like this, there are no guarantees as to who a potential plaintiff would name in a lawsuit. If someone is merely inserting a script that the client provided without knowledge, that would probably be... View More

3 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More

James L. Arrasmith
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answered on May 8, 2023

Based on the information provided, it is possible that both product liability and medical malpractice could be factors in your case.

Product liability refers to the legal responsibility of a manufacturer or seller for injuries caused by a defective product. In this case, the broken drill...
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3 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It might be either or both, or neither. It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect? Experts would need to review the records. The viability of the case may depend on the nature and... View More

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1 Answer | Asked in Products Liability and Personal Injury for California on
Q: IF medical apparatus cause emergency surgery ending in colostomy bag do I have a case?
James L. Arrasmith
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answered on Apr 25, 2023

If a medical apparatus caused emergency surgery resulting in a colostomy bag, it may be possible to pursue legal action against the manufacturer of the medical device or the medical professional responsible for its use.

To determine if you have a case, you would need to consult with a...
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1 Answer | Asked in Car Accidents, Consumer Law, Contracts and Products Liability for Louisiana on
Q: Car was involved in a MVA in July 2022. Car is still in the shop 9 months later. Car was 1 year old when MVA happened

Honda Motors has been unable to provide a replacement seat belt part. I have been in contact with Honda Motors and the repair shop EVERY month and each month they say the part is coming but then gets pushed back every month. It is now 9 months and they have told me again that the part was coming... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 25, 2023

You need to contact a lawyer to discuss the specifics of your matter. I do not know if you were at fault in the accident and/or how ypour repairs are getting paid, but most lawyers who handle motor vehicle accidents will provide you a free initial consultation---use the Justia Find a Lawyer tab... View More

1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: My loved one was hurt due to an adverse reaction to a medication would he be able to push the case in a different state?

Aprox early 2018 he had a severe adverse reaction to a medication he was prescribed and only recently has become mentally cognizant enough to realize how badly he was hurt. He wishes to push a case forward against the manufacturer but every lawyer we've talked to has had completely differing... View More

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2023

A Texas attorney could advise best, but your question remains open for a week. The type of case you describe is sometimes handled as part of a multidistrict litigation (involving various courts nationwide). These cases are sometimes complex in terms of venue (the issue of which district court a... View More

1 Answer | Asked in Products Liability and Personal Injury for California on
Q: CACI No. 1620. Negligence - Recovery of Damages for Emotional Distress - No Physical Injury - Direct Victim - Essential?

What kind of attorneys handle these type of claims? And how much do these claims typically go for? I have a medical bill for $10,000

James L. Arrasmith
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answered on Apr 5, 2023

If you are seeking to file a claim for damages for emotional distress resulting from negligence but without physical injury, you may want to consult with an attorney who specializes in personal injury law. Personal injury attorneys can advise you on your legal options and the potential value of... View More

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... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Animal / Dog Law on
Q: My car got burned and my dog was killed because of a scorch torch I have evidence what should I do
John Michael Frick
John Michael Frick
answered on Mar 17, 2023

If the scorch torch was defective, and you have persuasive evidence of that defect, you can sue the manufacturer under a product liability theory.

You should be able to recover the fair market value of both your car and your dog, and maybe even loss of use for a reasonable time so you...
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1 Answer | Asked in Products Liability and Wrongful Death for Texas on
Q: I'm in a wrongful death lawsuit with Bayer. Can their history of government fines be construed as a "pattern of behavior

Bayer has been fined and sanctioned by the Justice Dept. and other government agencies any number of times, including recent ones regarding various products they produce and which have caused harm.

John Michael Frick
John Michael Frick
answered on Mar 7, 2023

Bayer makes a lot of different products from pharmaceuticals to seeds.

I would think to establish a pattern relevant to a particular suit the fines would need to involve the same product and the same or similar behavior as in your pending lawsuit.

1 Answer | Asked in Consumer Law, Products Liability, Car Accidents and Lemon Law for Florida on
Q: Do I have a case?

I purchased a used truck about 1.5 years ago from a dealer. When asked about prior damage if any the dealer told me there was only minor. The car fax report only shows minor as well. While I was under the truck checking the size of the spare tire I noticed there is frame damage on the left rear. I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 5, 2023

Regardless of liability or lack thereof, your first step is to get a written repair estimate, then demand that the dealer pay it, and if they balk, say you're planning to take legal action. That may or may not work, but there's no downside to doing it. That said, whether the dealer is... View More

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Colorado on
Q: When you file a certificate of service with the court does that mean you have already serve the papers?
Douglas Phillips
Douglas Phillips
answered on Mar 2, 2023

A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).

This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,...
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1 Answer | Asked in Personal Injury and Products Liability for Pennsylvania on
Q: is this case at all solvable?

While I was riding the thread on the right upper part got loose and part of the fork shot out. The pressurized part hit firstly my face (my cheekbone was broken) and then it hit my right eye so badly that it damaged my eye completely (eye nerve was damaged, eye was broken onto 3 parts, lower eyelid... View More

Tim Akpinar
Tim Akpinar
answered on Feb 26, 2023

A Pennsylvania attorney could advise best, but your question remains open for three weeks. I'm sorry for your injuries from this terrible accident. From the description, it sounds like a mechanical (thread) failure on the front end (fork) of a two-wheeled vehicle. The best way to answer your... View More

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