Virginia Products Liability Questions & Answers

Q: What can I do if a recall has left my car undrivable for 5 months?

1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Answered on Dec 19, 2017
Peter N. Munsing's answer
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.

Q: I lost my bitcoins on apple cloud storage mobileme platform when they transition to icloud - 19 million loss

1 Answer | Asked in Personal Injury, Products Liability and Internet Law for Virginia on
Answered on Dec 9, 2017
Peter N. Munsing's answer
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.

Given that bitcoins have a unique password, assuming you have those it may be possible to get them out of ether. But first document, note dates of each event.

Good luck!

Q: I have polybutylene piping in my house. Do I need to replace piping to sell home...

1 Answer | Asked in Real Estate Law, Contracts and Products Liability for Virginia on
Answered on May 29, 2017
Peter N. Munsing's answer
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.

Q: Have lifetime medical benefits award for head injury due to fall from chair at work. Can I bring claim vs. chair maker?

4 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Virginia on
Answered on Mar 14, 2017
Jerry Lutkenhaus' answer
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 preserve the defective chair. If that was not done, then your case may be impossible. Also, a product liability case is very difficult. This means you may have to have a minimum of $100,000.00 in...

Q: Is it legal for me to sell alcohol or tobacco in a store that I work in if I'm under 18?

2 Answers | Asked in Consumer Law, Products Liability and Juvenile Law for Virginia on
Answered on Jan 27, 2017
Robert D. Kreisman's answer
In most states, you must be 21 to sell alcohol, although I am unsure about the sale of tobacco products.

Q: Just bought used car that was inspected (Va. State inspection) and shouldn't have passed due to tire tread depth?

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Virginia on
Answered on Oct 6, 2016
Peter N. Munsing's answer
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, file a complaint with the state and ask them to order the dealer to pay cost of new tires.

Q: Why won't attorneys sue Pfizer Pharmaceutical for tetracycline given to children back in the 60's & 70's?

1 Answer | Asked in Medical Malpractice and Products Liability for Virginia on
Answered on Aug 30, 2016
Peter N. Munsing's answer
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.

Q: Having transmission problems on 2012 vehicle. Dealership won't fix my car until the problem gets worse.Do I need lawyer?

1 Answer | Asked in Products Liability for Virginia on
Answered on Oct 11, 2015
Adam Studnicki's answer
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 evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get...

Q: Does a contract agreeing to purchase a foot product supersede the doctor's failure to diagnose the real problem?

1 Answer | Asked in Products Liability for Virginia on
Answered on Dec 10, 2014
Thomas H. Roberts Esq's answer
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 this case. If a doctor fails to perform this duty, he is negligent. The plaintiff must prove the doctor was negligent and that such negligence proximately caused the plaintiff’s damages. In...

Q: I recently was hospitalized for 2nd degree burn injuryto the face by warming a glue; public safety concern. Legal advise

1 Answer | Asked in Products Liability for Virginia on
Answered on Feb 8, 2011
Mr. Andrew T. Bodoh Esq.'s answer
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 become defective later? Was the product used in a careful and reasonable manner? Did the warnings address the issue? Were the warnings clear? Etc. Now, in Virginia, there are a lot of ways the maker...

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