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Texas Products Liability Questions & Answers
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They should be legal as the law that banned them (dealing with switchblade knives and anything similar) was repealed.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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,...
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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... View 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... View 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... View 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... View 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...
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