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Virginia Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Divorce, Products Liability and Intellectual Property for Virginia on
Q: I got engaged in January in Richmond Virginia we broke up a month ago do I have to give the ring back??
James H. Wilson Jr.
James H. Wilson Jr. answered on Mar 18, 2020

The answer depends on who the "we" is that broke up. If the intended groom terminated the engagement, the intended bride keeps the gift. If it was the intended bride terminated the engagement, or the engagement was terminated by mutual decision, the gift should be returned to the groom.

1 Answer | Asked in Family Law, Products Liability, Civil Rights and Constitutional Law for Virginia on
Q: Hey, so my friend is 19 and is moving out soon. But his dad is stealing and breaking his stuff. Is this legal or illegal

Ik it seems like a silly question but better to be safe than sorry

Tim Akpinar
Tim Akpinar answered on Dec 12, 2019

I'm sorry for your friend's ordeal. Unless the possessions are very valuable, he is probably better off just getting stuff out for safekeeping as quickly as possible before further damage instead of losing time from work or school in court. Good luck

Tim Akpinar

3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as... Read more »

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1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Virginia on
Q: I was hit from behind and have a police report, yet the other driver's insurance company still denied my claim. how?

The insurance company said that since they were unable to get a statement from their insured that the claim was denied. However I have a police report with the report number that I already submitted to the company

Tim Akpinar
Tim Akpinar answered on Aug 3, 2019

Depending on the practices of the claim examiner and/or insurance carrier, they may be waiting for all information to come in before reviewing and considering the claim for payment. Hopefully, their insured will cooperate in a timely manner and this will enable processing your claim.

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2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof
F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Q: What can I do if a recall has left my car undrivable for 5 months?

My car failed VA state inspection due to a faulty sensor that is currently under recall by Jeep. However, the replacement part for the recall will not be available until April of 2018 which leaves me paying a car payment for 5 months with a car I cannot legally drive and also adds additional... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

Contact the Center for Automotive Safety, see if there is any class action or bad faith action for such conduct--they should,at a minimum, authorize a rental.

1 Answer | Asked in Personal Injury, Products Liability and Internet Law for Virginia on
Q: I lost my bitcoins on apple cloud storage mobileme platform when they transition to icloud - 19 million loss

apple only sent 1 notication to my e-mail about this and i was paying extra for the free cloud services - 99$ per year

I purchased my bitcoins in 2010 - I spent 100$ for 1488 bitcoins at 0.07 cents , now the coins are worth 13,000$ each

Peter N. Munsing
Peter N. Munsing answered on Dec 9, 2017

With that amount of money you want to contact a member of the Va. Trial Lawyers Assn or other who handles class actions. I suggest you try Diane Nast in Philadelphia. Tell her I suggested you call.

In the meantime go through your files, make copies of email confirmations, other documents....
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1 Answer | Asked in Real Estate Law, Contracts and Products Liability for Virginia on
Q: I have polybutylene piping in my house. Do I need to replace piping to sell home...
Peter N. Munsing
Peter N. Munsing answered on May 29, 2017

Contact a reputable licensed home inspector --it'd be a good idea to have them look through the entire house as that gives you some protection and also a heads up as to what the purchaser's home inspection may find.

4 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Virginia on
Q: Have lifetime medical benefits award for head injury due to fall from chair at work. Can I bring claim vs. chair maker?

WC Case worker did not conduct an inspection of the chair or ask for manufacture records.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Mar 14, 2017

You possibly have a claim against the chair manufacturer. However, the chair may not have been defective. It may just have been worn out. In Virginia a personal injury claim has to be filed within two (2) years from the date of the accident or else it will be time-barred. It is very important to... Read more »

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2 Answers | Asked in Consumer Law, Products Liability and Juvenile Law for Virginia on
Q: Is it legal for me to sell alcohol or tobacco in a store that I work in if I'm under 18?

I just wanted to know if either one is legal here or if they are both illegal....

Robert D. Kreisman
Robert D. Kreisman answered on Jan 27, 2017

In most states, you must be 21 to sell alcohol, although I am unsure about the sale of tobacco products.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Virginia on
Q: Just bought used car that was inspected (Va. State inspection) and shouldn't have passed due to tire tread depth?

The dealership inspected the vehicle and passed the same month I bought the vehicle. Both tires on the rear look good as far as outer tread but the center of the tire is worn down below code. Is this legal and how do I deal with the issue. Its a used vehicle with as is no warranty. But can it be... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 6, 2016

If it being inspectable was part of the deal--i.e. it was inspected before sale, then it's presumed that it met inspection requirements. Have it checked out to see if anything else is below the line, ask the dealer to give you new tires as part of the deal was inspectability. They don't,... Read more »

1 Answer | Asked in Medical Malpractice and Products Liability for Virginia on
Q: Why won't attorneys sue Pfizer Pharmaceutical for tetracycline given to children back in the 60's & 70's?
Peter N. Munsing
Peter N. Munsing answered on Aug 30, 2016

They did. But there are statues of limitations and statutes of repose, not to mention very high hurdles for the type of evidence that can be presented in a medical product case.

1 Answer | Asked in Products Liability for Virginia on
Q: Having transmission problems on 2012 vehicle. Dealership won't fix my car until the problem gets worse.Do I need lawyer?
Adam Studnicki
Adam Studnicki answered on Oct 11, 2015

A strong letter from a consumer protection lawyer may help.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Products Liability for Virginia on
Q: Does a contract agreeing to purchase a foot product supersede the doctor's failure to diagnose the real problem?
Thomas H. Roberts Esq
Thomas H. Roberts Esq answered on Dec 10, 2014

No. A contract will not change the following analysis.

A doctor has a duty to use the degree of skill and diligence in the care and treatment of his patient that a reasonably prudent doctor in the same field of practice or specialty in this state would have used under the circumstances of...
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1 Answer | Asked in Products Liability for Virginia on
Q: I recently was hospitalized for 2nd degree burn injuryto the face by warming a glue; public safety concern. Legal advise

My contention is that even though I did not read the back of the package before use at home, a very serious injury occurred which had the potential of blinding me. What saved me was that I was wearing corrective lenses . I have suffered pain, face de-scarring,immediate post traumatic stress, loss... Read more »

Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq. answered on Feb 8, 2011

Basically, this sort of situation looks like a product liability claim. Now, claims like this can be difficult, especially in Virginia. First, one has to consider what exactly caused the injury. For instance, was the item defective? If so, how? Was it defective when it was made, or did it... Read more »

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