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1 Answer | Asked in Consumer Law, Products Liability and Animal / Dog Law for Florida on
Q: Are there any attorneys that would take case against a company regarding a recalled product that killed my bulldog?
Charles M.  Baron
Charles M. Baron
answered on Feb 19, 2023

So sorry to hear about your loss. Unfortunately, the measure of damages for the loss of your pet, as provided by law, would likely be only the fair market value of a bulldog of your dog's age at the time of his/her death and any vet bills associated with the incident. So the money that you... View More

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

James L. Arrasmith
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answered on Feb 20, 2023

It is not legal for an orthopedic doctor to give a patient a prosthetic leg with used parts without the patient's knowledge and consent. In California, doctors are required to obtain informed consent from patients before performing medical procedures or providing medical devices or treatments.... View More

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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 13, 2023

When you say illegal, you are talking criminal. That would require your proving criminal intent. I would want to hear the doctor's version.

If s/he billed the ins co for a new leg, there might be a fraud.

I would write the doctor, return receipt requested, setting forth your...
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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

William John Light
William John Light
answered on Feb 13, 2023

If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More

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3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

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

David Wolkowitz
David Wolkowitz
answered on Feb 15, 2023

I'm sorry you were badly injured.

As a former bike messenger and avid cyclist, I definitely understand what you are talking about. You apparently were using a bike that had shocks as the front fork, with the shock absorption being provided by air pressure.

As the other...
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3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

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

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

It sounds like you have sustained damages from the part coming off sufficient to justify a product’s liability action.

I would take the bicycle and fork part to a competent lawyer in the county where the incident happened with experience in products liability law. Also bring your medical...
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3 Answers | Asked in Personal Injury and Products Liability for Illinois on
Q: while cycling a part of the fork shot into my eye, my eye had to be removed and could not be saved, is this case solvabl

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

Lindsey Seeskin
Lindsey Seeskin
answered on Feb 13, 2023

I'm truly sorry to hear you were so badly injured.

John is correct about what we call "damages" (your injuries and what you have been through because of this incident) and that this falls under a category of personal injury cases called "products liability."...
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Q: Should the fda and cdc be legally held accountable for allowing the hemp thc-o acetate, heart/Lung issue/teeth damage

I have contacted both and have been neglected to be called back, They have known for years and after I was forced to use their safer than cannabis alternative here in Wisconsin, thc-o is everywhere and now after a rancid batch I had 2 months of a sinus infection, now heart issuses, lungs hurt and... View More

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

The FDA and CDC are federal agencies which have sovereign immunity from such lawsuits.

You may however have a valid claim against the sellers and manufacturers of the Thc-o products you used.

Just as with tobacco using plaintiffs, you will face comparative / proportional...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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2 Answers | Asked in Family Law, Products Liability and Real Estate Law on
Q: What is the meaning of the expression " Plaintiff have the cost of this case"
Timothy L. Miles
Timothy L. Miles pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2023

When a case settles or is dimissed, the costs (filing fees, etc.) are taxed to one of the parties to pay. If a plaintiff, it is possible you paid up front for all when paying filing fee, but depends on which clerk's office. I would call the clerk of he court and ask if you owe anything, or... View More

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1 Answer | Asked in Personal Injury and Products Liability for Maryland on
Q: Can I sue the lighter company if a torch lighter caught my upper body on fire causing 3rd degree burns and in hospital?

I attempted to light a cigarette to smoke and the lighter presented a huge flame that caught my hair and face on fire. Was medavac to Washington Hospital Center. Still there going into the second week.

It is a horrible experience.

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 11, 2022

To prove liability, an expert would need to establish through forensic testing that the lighter had a product defect and that defect caused your injuries. An attorney may be interested in taking your case, so reach out to personal injury attorneys in your jurisdiction.

1 Answer | Asked in Products Liability and Employment Law for Oregon on
Q: I am a fleet manager for a rental car company. What is the liability for patching gas tanks and renting cars out?

I cannot find any reputable shop to perform this job.

The gas tank is plastic and not metal.

I have expressed my concerns and have been overruled by management and instructed to proceed.

We have found a non-certified individual to work as a 1099 to perform the repairs... View More

Jina Ly Clark
Jina Ly Clark
answered on Dec 4, 2022

I am not a mechanical expert. But it sounds like you are being instructed to make repairs to vehicles in a negligent manner that could lead to harm. Your employer is responsible for your actions under the doctrine of respondeat superior. Theoretically, if someone were harmed they could hire a... View More

Q: I purchased a vehicle from an Auction Company in OK that did not disclose Salvage Title. Do I have a case to sue?

I live in NC.

I purchased the car from an Auction in OK.

They did not disclose prior salvage history or its current salvage title prior to sale either on the description or during dialogue on sale day.

The only document I received regarding the purchase was an invoice that... View More

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Nov 29, 2022

Did the auction company advertise this sale to you personally, or otherwise reach into North Carolina to attract North Carolina bidders? if not, you should look for an Oklahoma licensed attorney with automobile fraud experience to have a consultation with. Your lawsuit would most likely have to be... View More

1 Answer | Asked in Products Liability and Consumer Law for Michigan on
Q: Purchased a used vehicle 11/23/22, problems arose after further research about the vehicle history. Can I get a refund?

Seller said nothing wrong with vehicle. Said the trans was rebuilt and had a recent oil change. Upon further inspection AFTER the purchase, break lights don’t work, tailgate sticks/doesn’t stay up, battery needs to be replaced, needs O2 sensor, replace ABS control module, original VIN... View More

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2022

Unlikely. Is this a private seller? This is a classic caveat emptor situation: until the point where money and title changed hands, you had the ability to investigate, and either negotiate for a lower price or walk away. Unless the seller warranted, guaranteed, or promised you something, I think... View More

2 Answers | Asked in Insurance Bad Faith, Products Liability and Car Accidents for California on
Q: Under California insurance law how long does the insurance company have to settle a claim? What article # is this law?

Trying to find the article number if it is a real law.

William John Light
William John Light
answered on Oct 24, 2022

If you are talking about an insurance company for another person who might be liable to you for damages caused by an accident, the insurer can dispute its insured's liability, and the extent of the damages, until there is a settlement or a final judgment.

If you are talking about your...
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2 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Gaming for California on
Q: I want to know if there are any attys out there who want to make a ton of money? I want to start a class action lawsuit

I have AN ABUNDANCE OF EVIDENCE PROVING those "social gaming sites" are CHEATING!!! LITERALLY TAKING YOUR MONEY W/OUT MOST PEOPLE EVEN REALIZING IT!! & I CAN PROVE IT WITH SCREEN SHOTS & EMAILS!! I have DOCUMENTED PROOF of them taking money out of my balance illegally during my... View More

James L. Arrasmith
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answered on May 13, 2024

The operation of online gambling sites is heavily regulated. If a platform offers the ability to deposit funds, play games, and then withdraw cash without participating in what legally qualifies as a "sweepstakes" or "prize" system, it might indeed be violating state laws.... View More

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1 Answer | Asked in Consumer Law, Personal Injury and Products Liability on
Q: I'm looking for an attorney willing to help me regarding a possible suit against a company for false representation.

I had a procedure done by xx on 9/28/23. At my consultation the PCC (patient care consultant) misled me by telling me the procedure was all-inclusive and there were no hidden fees. However, after the procedure was done I found out that I would indeed need further treatments to get the desired... View More

Tim Akpinar
Tim Akpinar
answered on May 11, 2024

An Alabama attorney could advise best, but your question remains open for a week. If there's a written agreement, an attorney would want to see its terms. As far as your communications, it's possible that you and the company could have conflicting versions of what happened. A starting... View More

1 Answer | Asked in Products Liability for Arkansas on
Q: Apartment is charging me for drinking drinks I thought were complimentary during open house apartment tours.

There were free drinks in the lobby and “move in gifts that were clearly labeled” In The rooms but we thought they were for the tours. Now we’re being charged for drinking them.

Tim Akpinar
Tim Akpinar
answered on May 10, 2024

An Arkansas attorney could advise best, but your question remains open for a week. This isn't really a product liability matter, which is more about injuries from dangerous products. It could depend on how reasonable your misunderstanding was - that might require more details about the... View More

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, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

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