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Texas Products Liability Questions & Answers
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... 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.

1 Answer | Asked in Contracts and Products Liability for Texas on
Q: I have had possession of a vehicle for four years,can't find the owner to finish off payment's, do have a bill of sale.

I have a vehicle in which I was paying a guy for in 2014. Eventually while I was still paying on the vehicle he went AWOL and I had no way of contacting him to send payment. This car has been iny possession since 2014 and I cannot title or use it and cannot get ahold of the owner. I have called the... Read more »

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

This sounds dumb but.......if he owned a house look up his ownership--may have had a wife. Try facebook---a surprising amount of time that works. Try Intelius.

You are looking to give him money--you want to make sure though it's him. At this point you don't want to handle it by...
Read more »

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: How do I file a class-action lawsuit against Takata (manufacturer of defective airbags)

I have a 2003 Toyota tundra which is one of the highest risk for the airbags to explode, because it is a older vehicle. Also areas that are very hot as have high humidity raise the conditions of exploding.

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

Get it fixed. That's your damage claim. You want to file a class action? Talk to an attorney who handles product liability class actions. But your payout will be what it costs to have it fixed.

2 Answers | Asked in Personal Injury, Products Liability, Traffic Tickets and Car Accidents for Texas on
Q: I need to know about driving a unicycle electric self balancing on the road.
Grant St Julian III
Grant St Julian III answered on Feb 14, 2018

What exactly do you need to know about such vehicle?

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2 Answers | Asked in Criminal Law, Products Liability, Gaming and Small Claims for Texas on
Q: I have a guy my PlayStation 4 to fix a couple of months ago. It's been two months can I call the authorities

He says he has it but he keeps blowing me off with lame excuses.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2018

This is probably not an issue of criminal law. If you released the item to him voluntarily it is not a crime ... unless there is some reason to question the effectiveness of your consent. For example if he tricked you in the first place and never had any intention of fixing it, then it could be... Read more »

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1 Answer | Asked in Products Liability, Traffic Tickets and Car Accidents for Texas on
Q: The driver at fault gave me her driver's license and phone no. and told me she would give me her insurance details later

I was driving a rental car covered with a credit card LDW. I was rear-ended by a driver on the highway. She said she did not have her insurance documents on her but gave me her license and phone no. information. Now she is unreachable. Meanwhile, the rental company wants me to file for a claim.... Read more »

Jeffrey Joseph
Jeffrey Joseph answered on Oct 2, 2017

My suggestion is that you can file the paperwork you have for the wreck with The Department Of Public Safety for Texas and they will place a driver license hold on her eligibility until she decides to get off her hump and help you resolve the claim. The insurance company for the rental should be... Read more »

1 Answer | Asked in Products Liability, Construction Law and Landlord - Tenant for Texas on
Q: Our personal property inside our home was damaged by a roofing company. Are they responsible? Or is the landlord?

My landlord hired a roofing company to fix the roof of our leased townhouse. The roofing company did not cover the roof when it began to rain. Water began coming in the house so we no choice but to evacuate the home. They (roofing company) removed all our belongings to fix the inside of the... Read more »

William C. Head
William C. Head answered on Aug 13, 2017

You need a lawyer to sue these folks, which means the landlord and the roofing company. Let the court case determine who pays, between the two of them. Look up Landlord Tenant lawyers in the Texas city closest to you, on SuperLawyers. com

1 Answer | Asked in Copyright, Products Liability and Trademark for Texas on
Q: If I buy an item from the manufacturer or original distributor, would I be able to sell it on a website or elsewhere ?

If I buy an item , let's say it is a notebook, a cartoon action figure maybe for example from its manufacturer or distributer.

Will there be any legal issues for me selling that item lets say on a website like amazon or ebay ?

I heard that the rule of copyrights is just for... Read more »

William C. Head
William C. Head answered on Aug 13, 2017

The details of what you are selling are missing. Let's say that this is a knock-off purse, that LOOKS like the genuine article. But, is counterfeit.

You cannot buy it from a site, like Amazon, and then sell it, if you are aware that it is a knock-off.

If all licensing fees...
Read more »

2 Answers | Asked in Products Liability for Texas on
Q: I was injured by a defective product while on vacation in another state - where would I file a claim?
Peter N. Munsing
Peter N. Munsing answered on Jul 21, 2017

If the product is sold in your state you can sue in your state. But you won't be making a product claim without a lawyer,

and it'll be tough without the product. So you can contact a member of the Texas Trial Lawers Assn that handles product liability cases--they give free consults.

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1 Answer | Asked in Products Liability for Texas on
Q: How hard will it be to bring a products liability lawsuit for an injury I got while in France?
Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

If you have the product and the manufacturer does business here, possible to sue here. Otherwise, cherchez un avocat Francais (look for a French lawyer).

1 Answer | Asked in Personal Injury and Products Liability for Texas on
Q: what type of lawyer can help me get a lawsuit my mother won before she died suddenly in 2013
Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2017

Not clear what you are asking--if she won she would have received funds then unless it went on appeal. You need to find out what went on, then contact a member of the Texas Trial Lawyers who handles death cases.

1 Answer | Asked in Products Liability for Texas on
Q: If the doge house failed to receive a part to fix my brothers break several times and he had a wreck is there grounds?

My brother went to the dodge dealership because his breaks were going out and he needed a part to fix them. They said that they would be in the next day (Friday) and when he went they told him they wouldn't be there till Saturday. When he went Saturday they said they had a system problem and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 13, 2017

probably not. He can say he had a sudden emergency. He should refer all callers to his car insurance. But

to answer your question, if he was concerned about his brakes the law will say he shouldn't have driven.

1 Answer | Asked in Products Liability for Texas on
Q: Is a manufacturer always a responsible party in a defective product case?
Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2017

Could be anyone in the chain, depending on the product. Why not contact a member of the Texas Trial Lawyers Assn and see what they say?

1 Answer | Asked in Products Liability for Texas on
Q: I found a rusty razor in my jack in the box bag of food . I crumpled the bag and stabbed my palm with the end of blade.

I have the things and took a pic but the blood is merely a dot nothing big yet its rusty and could have disease . I want to see about a case

Peter N. Munsing
Peter N. Munsing answered on Jun 12, 2017

If you found the razor then crumpled bag it's on you. Did you notify the restaurant? It's on you to follow up to avoid infection. It's hard to make a case for injuries is you can't prove what happened. If your cut heals, then ask them for the medical bills and a small amount.

2 Answers | Asked in Products Liability for Texas on
Q: How many years after a faulty knee replacement can you sue the manufacturer?
Robert D. Kreisman
Robert D. Kreisman answered on Apr 28, 2017

The statutes of limitations vary from state to state. If you have had a revision surgery to repair or replace the knee replacement implant that may make a difference. I would consult with an attorney who is handling the cases that match your implant producta. For example, was your product (the... Read more »

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1 Answer | Asked in Products Liability for Texas on
Q: If you have a faulty medical device implanted is the doctor or the manufacturer responsible?
Robert D. Kreisman
Robert D. Kreisman answered on Apr 10, 2017

If the only cause of your injury is the defective product, then the manufacturer, distributor could held liable. On the other hand had the doctor known that this product was defective, recalled or otherwise unsuitable for implantation, then this could be a deviation from the standard of care... Read more »

1 Answer | Asked in Consumer Law, Products Liability, Civil Litigation and Social Security for Texas on
Q: My new LG washer ruined clothes and towels. Can I sue?

I purchased a new set of LG washer and dryer in March 2016 from Home Depot. I bought the extended protection plan with them. The washer ruined a lot of my clothes and towels. They're only wanting to reimburse $250. Can I get more? Could this be a class action?

Peter N. Munsing
Peter N. Munsing answered on Jan 27, 2017

Contact the insurance commissioner and see if they think coverage should pay for replacement value or market value.

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