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Texas Products Liability Questions & Answers
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... View 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
PREMIUM
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... View 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
PREMIUM
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... View 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.

1 Answer | Asked in Products Liability for Texas on
Q: I believe I found a chicken head in my box of wings from little caesars. Can I sue and if I do is it worth it?
Peter N. Munsing
Peter N. Munsing
answered on Nov 12, 2016

I'm not hearing you were injured. Save it in a freezer if you want to make a complaint; however if it didn't cause you harm you don't have damages--you can only make a claim if you were harmed (you don't get to make a claim for what could have happened).. Obviously you will want... View More

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Products Liability and Energy, Oil and Gas for Texas on
Q: Not sure if I can sue or if it worth it. Got bad diesel from a station. Cost $8700 to fix. documented it was bad fuel.

We purchased diesel from station in Bay City, Tx. Killed our truck 45mins after driving it. Had to have it towed to repair shop. Found out it was water in tank and cost us $8700 to repair. Repair Shop analyzed the diesel in our tank and verified it was bad diesel. Too much water. They have... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Send the claim to the station with a copy, and ask them to forward the copy to their carrier. If they are a franchise (shell, Exxon, BP etc) send a claim to corporate. That doesn't get a response file a small claims case. Most attorneys would say this is the one time we say may as well do it... View More

1 Answer | Asked in Consumer Law and Products Liability for Texas on
Q: Is there anything I can do to get my money back from a company that sold me a used dangerous electric stove

They told us it was treaded in for an up grade to a newer stove. Also guarantied it for 30 days, but when we tried to get someone here to fix the stove we could not get anyone to come out or even return our call. The stove has a burner that is broken at the connection causing an ark. It was just a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Ask them to pick up and refund or take them to small claims, claiming that it didn't meet what they represented, that they are people who deal in stoves so you relied on their word.

2 Answers | Asked in Products Liability and Lemon Law for Texas on
Q: What can i do?

In the end of march 2016, i bought a 2009 dodge journey which i was told it would be 9,000 with interest and everything, but when paying my first payment i saw my total payme t is 14,000.

Since i have had the vehicle 1)MANY many times the car does not start, 2)does not excelerate, i was... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

Look for a consumer law attorney in your area. Www.naca.net

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1 Answer | Asked in Products Liability for Texas on
Q: What to do if I can't attend motion to dismiss hearing?
Peter N. Munsing
Peter N. Munsing
answered on Aug 25, 2016

Prepare to have the Court find against you.

1 Answer | Asked in Products Liability for Texas on
Q: I had a house fire due to faulty equipment (LG) front loader washer and dryer. We lost everything including our pets

My insurance is paying for a rental. My question is should I contact a lawyer? Me an my kids lost everything. We lived in this house for almost 15yrs. Some items where not replaceable. The dryer was not even on no clothes in it an had not been on in over 8-10 hours

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 21, 2015

You could talk to a lawyer about the possibility of suing the landlord for faulty wiring. If the dryer was the landlord's, the chance of the landlord being liable for a defective dryer seems slight, but of course ask about this too..

1 Answer | Asked in Products Liability for Texas on
Q: Which test do Texas courts use in design defect products liability cases?
Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

Generally speaking, in most states, expert testimony is typically required. A local products liability lawyer can advise.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It...
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1 Answer | Asked in Products Liability for Texas on
Q: could I be sued for having a product with the same purpose as someone elses product but different dimensions if patented

if some one has a patent on a type of product and I have the same idea but with more potential and different dimensions can I be sued?

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

This is a patent question, not a products liability question.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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1 Answer | Asked in Products Liability for Texas on
Q: Can I sue a food company after being seriously cut on the can while opening the product
Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

Sounds like a tough case, as you'd have to prove the product is defective and unreasonably dangerous. You can talk to a local lawyer about your rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general...
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1 Answer | Asked in Products Liability for Texas on
Q: my husband bought some 38 special cigar cigarettes today and thred are worms in them what should we do

worms In cigars

Adam Studnicki
Adam Studnicki
answered on Jul 14, 2015

Take them back to the store and ask for a refund.

1 Answer | Asked in Products Liability for Texas on
Q: i Have Found live roaches in a sealed bag of Pasta. what should I do?
Adam Studnicki
Adam Studnicki
answered on May 29, 2015

Take it back to the store and ask for a refund.

1 Answer | Asked in Products Liability for Texas on
Q: Does a hospital lien cover product liability cases in El Paso, TX
Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

If you were injured by a product and received treatment from a hospital due to the product, then the hospital is entitled to place a lien on the case to recover the costs associated with your treatment. There are more details involved in which it would be wise to contact an attorney about.

1 Answer | Asked in Products Liability for Texas on
Q: I bought defective windows from a TX manufacturer. I live in MS. If I file suit, where will court be held?
Adam T. Funk
Adam T. Funk
answered on Mar 25, 2014

If the TX manufacturer distributes its products in Mississippi then it is subject to Mississippi courts. If you purchased the windows in Texas and the manufacturer does not sell its windows in MS then it will subject to the Texas courts. There are caveats to both scenarios that an attorney would... View More

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