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Texas Products Liability Questions & Answers
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...
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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 of my used... 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 with... 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, personal...
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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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1 Answer | Asked in Contracts, Landlord - Tenant, Consumer Law and Products Liability for Texas on
Q: Void a rental contract because smells of the previous tenants death (unattended).

I signed into a least contract that was deceptive at viewing I learned too late. all windows were open at showing, I thought to show off the many windows in the unit. It was a look and lease and after signing and paying, the finally gave me keys. when windows closed smells of death. previous tenant... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2019

You may have sufficient legal reasons to allow you to get out of this lease; However, you should take the lease and all related documents to a local lawyer and ask for their assistance.

2 Answers | Asked in Contracts, Products Liability, Business Law and Construction Law for Texas on
Q: Subcontractor nonpayment on "bad job" no contract. Phone records, text & email.

I recently worked as a subcontractor, staining a concrete floor that was covered in mortar, paint, glue, and holes & the house was being fixed from hurricane Harvey flooding. We had only communicated with the contractor & have recordings of us telling them how the patching wasn't going to match up... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2019

AVVO is a free online legal forum established to allow members of the public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to your business lawyer. If you have not consulted or retained a... Read more »

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2 Answers | Asked in Personal Injury, Products Liability and Car Accidents for Texas on
Q: I was trying to make a uturn into a 3 lane which I had no stop sign. I needed to get to the far bottom left lane.

There was driver waiting at a stop sign trying to turn into the same lane. Does that person yield to me? Also can that person get in trouble for purposely trying to brake check me and hit me?

Daniel John Christensen
Daniel John Christensen answered on Apr 1, 2019

In general, if one driver has a traffic control device and the other does not, the driver without the traffic control device has the right of way. It is difficult for me to advise you on your specific situation with the facts given. Please call us and we can see if we can help you. 512-888-9999.

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1 Answer | Asked in Criminal Law, Products Liability and Civil Litigation for Texas on
Q: Looking to file a restraining order on 2 people who are not family related. One's wanted and the other have a criminal

They trespassed onto my property and tried to destroy my security camera that's attached to the side of my house.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 29, 2019

If you sued these two people then you can ask the judge in that case to issue a temporary restraining order, but it will expire when the case is over.

If you did not sue them then contact the Justice of the Peace court for your home address and ask about the requirements for a "Peace Bond"...
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1 Answer | Asked in Products Liability, Civil Rights and Collections for Texas on
Q: Can i be owed money if i was born in 1992 i heard
Tim Akpinar
Tim Akpinar answered on Jan 3, 2019

Try reposting your question. It looks like the second part of it was cut off.

Tim Akpinar

2 Answers | Asked in Products Liability for Texas on
Q: What is the difference between manufacturing, design, and marketing defects? Do I have to prove all three to win my

product liability case?

Justin Charles Roberts
Justin Charles Roberts answered on Nov 12, 2018

The short answer is 'no.' These are each distinct theories of liability against a manufacturer.

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1 Answer | Asked in Products Liability for Texas on
Q: Would we have a case if we no longer own the thing that's defective?
Tim Akpinar
Tim Akpinar answered on Oct 28, 2018

I do not practice in Texas but your question hasn’t been picked up in four weeks. Naturally, having the product available for examination would be preferable. But in general, that doesn’t necessarily preclude a plaintiff’s rights in a claim, particularly if the item is something of a generic... Read more »

2 Answers | Asked in Environmental, Personal Injury and Products Liability for Texas on
Q: How can I prove that my dad's cancer was caused by toxic waste dumps from a nearby oil factory?
Aimee Hess
Aimee Hess answered on Sep 23, 2018

You will need to contact an attorney who specializes in personal injury. They will retain a medical and other experts to investigate the causal connection between the waste and your father's cancer.

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1 Answer | Asked in Car Accidents, Contracts, Products Liability and Arbitration / Mediation Law for Texas on
Q: I was driving for lyft and someone hit the car I was renting through flexdrive whose partnering with lyft.

The client and Geico has taken full responsibility from day one. Flexdrive has not been cooperative to this fact seeing that I still have a hold on my account through Lyft. They have ruined my life. Got in the way of my potential earnings. Lyft was my main source of income. I have also not been... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Classic problem with any rental institution. You are on the hook so it's easiest to keep busting your chops. As they are involved with lyft you may want to look for an attorney who handles employment cases and insurance "bad faith" cases and is a member of the Texas Trial Lawyers Association

1 Answer | Asked in Products Liability for Texas on
Q: Can I bring a product liability action if I was injured by a product I borrowed from my friend, and did not pay for?
Justin Charles Roberts
Justin Charles Roberts answered on Jul 18, 2018

In most states, a borrower of a product is able to bring a product liability action. Notably, this has not always been the case. The law used to require a contractual relationship of some sort between the injured individual and supplier of the product in order for the injured person to bring a... Read more »

1 Answer | Asked in Products Liability for Texas on
Q: Can I sue if a pharmaceutical drug I took caused severe negative side effects?
Justin Charles Roberts
Justin Charles Roberts answered on Jun 26, 2018

This answer is somewhat complicated, but generally speaking, a drug manufacturer may be liable if they manufactured the drug incorrectly, concealed dangerous side effects of the drug, or failed to provide proper warnings about the drug. For example, a manufacturer of a blood thinner medication may... Read more »

1 Answer | Asked in Legal Malpractice, Criminal Law, Products Liability and International Law for Texas on
Q: How can I legally retrieve my personal belonging when I’m in a different country? They are being withheld from me.

I was in England for a while with my aunt as a student, I decided to accompany her to instabul for an operation. There she kicked me out without any money in an unknown country. I had to find a way to get home. So I took a direct flight to my home country Texas. I’ve contacted her regarding my... Read more »

Richard Sternberg
Richard Sternberg answered on Apr 16, 2018

You will probably need to retain a solicitor in England to sue her.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Tax Law for Texas on
Q: I have a question in regards to selling your time.

Theoretically, let's say someone sells their time for 4 hrs to a client, and they just completed their 4 hrs of time the client paid for which is at 12 noon. If they mutually enjoyed each other's company and both wanted and had sex at 1230, since it's off the clock post companionship time paid for,... Read more »

Gary D. Peak
Gary D. Peak answered on Apr 7, 2018

If you are asking whether it is illegal if the money wasn't for sex, the answer is no it is not illegal.

Now, it may be difficult to convince law enforcement the first 4 hours was what was paid for and any sex after the 4 hours wasn't. But, I like the argument.

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Can I sue a retailer over not allowing anyone to buy parts to fix there wine Fridges, they want you to ship it to them.

They (NEWAIR) will not release the name of the manufacturer to contact them for parts but I see other brands that are identical same manufacturer (like chevy, buick, cadillac)

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

Possible but that is lengthy. Some states have parts laws (check out NPR program on just your issue). Try online. There are some people who do repairs who have figured these out. Cheaper for you to pay them to repair than for you to file a lawsuit and chase them.

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