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Washington Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability and Personal Injury for Washington on
Q: I was drinking a Dr pepper and sharp object entered my mouth. I spit it out. Its a metal screen. What do I do about it?

Do I have a lawsuit for negligence?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2024

A Washington attorney could advise best, but your question remains open for a week. If you're asking about your rights here, the question that will arise is. "What harm/injury did you suffer?" Any case would be based on the extent of harm/injury suffered, which fortunately does not... View More

1 Answer | Asked in Products Liability for Washington on
Q: If I purchase a storage unit and go to sell one of the items that was inside of it and it turns out that it was a stolen

Would I have any rights to that property because I did possess it and did pay for it

Tim Akpinar
Tim Akpinar
answered on Feb 19, 2024

A Washington attorney could answer best, but your question remains open for four weeks. Rights and obligations involving stolen property is something that criminal defense attorneys would have insight into. Product liability is more about injuries from dangerous products. Good luck

1 Answer | Asked in Personal Injury, Products Liability and Business Law for Washington on
Q: I got a personal hyperbaric oxygen chamber. Is it legal to rent it out from my apartment with no medical qualifications?

I have a hyperbaric oxygen chamber. I required a prescription to get it (in addition to about $10k) but it was easy to get. Hyperbaric oxygen therapy does not claim any official benefits and is done at anti-aging clinics, among other places. Can I run a business where people rent my chamber by the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A Washington attorney could advise best, but your question remains open for two weeks. The responses on this Q & A board are limited to brief general formats. This could be something for which you'd want to consider a more thorough consult with an attorney to address various issues, such... View More

Q: Can this device be re-patented and re-made since the devices patent is expired
Peter D. Mlynek
Peter D. Mlynek
answered on Mar 29, 2022

No.

The idea behind a patent is that the inventor discloses the invention, and in turn, the government gives the inventor something of value: the ability to keep others from using the patenting invention for a limited time. After the time runs out, anyone can use that invention.

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1 Answer | Asked in Products Liability for Washington on
Q: Do I have case if I had a artificial disc surgery and have not been able to work since 2009 because of the disc itself?

The disc is called the charite artificial disc. I was sold on it that it would fix everything. But it's been mostly lots of pain since I had the surgery and have not been able to work since I had it done. It also needs to come out and I need to get a fusion surgery. The revision surgery is... View More

Tim Akpinar
Tim Akpinar
answered on Mar 25, 2022

A Washington attorney could advise best in accordance with state-specific laws, but your question remains open for two weeks. You describe not being sure of what to do. As a starting point, you could reach out to product liability attorneys to discuss. If they felt you could have the basis for a... View More

1 Answer | Asked in Products Liability, Car Accidents and Collections for Washington on
Q: My rental car was stolen while I had the keys on me and now I'm being asked to pay for the vehicle. Is that right?

I was originally told I wouldnt be held responsible since I was in possession of the keys

Steve Dashiak
Steve Dashiak
answered on Jan 6, 2021

I'm sorry that happened to you. The process here will be dictated by the contract with the rental car company. Assuming you have insurance, the worst case scenario is you've got to pay the deductible for your own insurance company.

1 Answer | Asked in Products Liability for Washington on
Q: knee replacement has come loose needs replacement has never been right from the start now what?.

problems since 2013 at least 4 clean out surgeries and pain since it was put in

Steve Dashiak
Steve Dashiak
answered on Dec 28, 2020

I'm terribly sorry this happened to you. You're going to need to know the make and model of the knee replacement before calling an attorney. There are many lawsuits filed for medical devices such as this. They are contested until the very end, but you may very well have a claim.... View More

1 Answer | Asked in Patents (Intellectual Property) and Products Liability for Washington on
Q: So I am starting a drop shipping company and have found various products infringing on patents on Amazon. Is this ok?

I am wanting to sell a glow in the dark dog leash but there is a patent, however I have found various ones on Amazon infringing on the patent because they are not the same product just extremely similar so can I sale the leash myself?

Kathryn Perales
Kathryn Perales
answered on Dec 21, 2020

You should not sell any products that infringe on valid US patents. Figuring out whether or not the product you want to sell infringes on a given patent is sometimes a tricky thing to figure out.

Though I haven't read the patent you're referring to, I think it unlikely that it...
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1 Answer | Asked in Consumer Law, Products Liability and Business Law for Washington on
Q: I had a brake job done at Les Schwab. One of the Calibers bolts fell out because no lock tight and stripped bolt used.

My children were in the car with me, we were lucky the tire did not seize up on the highway or while driving and the caliber locked the tire up at a stop light.

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2020

A Washington attorney could best advise here, if there were any state consumer laws that might be applicable. But your post remains open for three weeks. There wasn't a question here, but if you are wondering if this gives rise to a legal claim, there doesn't seem to be a significant one.... View More

1 Answer | Asked in Consumer Law and Products Liability for Washington on
Q: LG keep trying unsuccessfully to fix my refrigerator since May 8 but they refuse to refund or replace it. What can I do?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2019

Your question could involve state consumer law issues that a Washington State attorney would know best, but it remains open for four weeks. As a general approach for any jurisdiction, review the warranty information and other contract documentation. Bring your concerns about the number of attempts... View More

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for Washington on
Q: Express Editorial of the Washington Post the week June 12, 2019, DNC and Bernie Sander how I can find court opinion?

Washington Post/Editorial Express in the Week of June

Peter N. Munsing
Peter N. Munsing
answered on Sep 3, 2019

I suggest you see if a law librarian at one of DC's law libraries can help you. There isn't enough information there to figure out if it is a case that is being reported or what.

you may have in mind the following which isn't a suit by Sanders but by a group of supporters:...
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2 Answers | Asked in Consumer Law, Contracts, Copyright and Products Liability for Washington on
Q: How do I go about looking into a idea I have that's related to bail bonds and something I want to possibly invent safely

I have a idea that would be something you can pay into with a bailbonds company and want to look in to making this idea work if its possible and so how would I do that without getting my idea stolen but I don't have much money and don't really have any to put into this project I think its... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 24, 2019

Local law libraries provide ample self-help resources re: Intellectual Property and Business law. Typically a Non Disclosure Agreement is a great tool to help prevent disclosure of confidential information re: your ideas. You might need to ultimately file for a copyright, trademark, and/or patent,... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Products Liability for Washington on
Q: What kind of lawyer would I need for 3rd party liability? Diagnoses: Leukemia after working with Benzene for 21 years.

Workers comp approved my claim, said I may have a third party lawsuit as it was proven there is a Benzene/Acute Leukemia connection and Benzene contributed on a more probable than not basis.

Due to my treatment I also suffered severe internal intestinal bleeding which lead to a perforated... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2018

A consultation with an injury lawyer who has experience with toxic tort cases could be a good place to start. These are cases involving exposure to hazardous substances.

Tim Akpinar

1 Answer | Asked in Personal Injury and Products Liability for Washington on
Q: My partner was diagnosed with leukemia after working with Benzene for 21 years. Why can't we find a lawyer?

Workers comp was approved, UW Center for Excellence Occupational Medicine determined Benzene contributed. Why is it so hard to find representation? A guy spills McDonalds coffee on his lap and it's a slam dunk, but LEUKEMIA??? No.

Peter N. Munsing
Peter N. Munsing
answered on Oct 18, 2018

Good for you for looking.

Short answer: extremely expensive to prove in court, and the Supreme Court made it very difficult especially if the problem (leukemia) is something that can be caused by just .....being.

Second problem is the statute of limitations issue in your state....
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1 Answer | Asked in Products Liability for Washington on
Q: Do a product have to made first to do a patent? How can I get a product made without major cost?
Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

This is not so much a legal question as one of manufacturing. You usually have to have a prototype to be able to say how it will function. As getting a patent is long and complex, and expensive, suggest you may want to consult a patent attorney--they may answer that first question. The second is... View More

1 Answer | Asked in Consumer Law and Products Liability for Washington on
Q: Buy 1997 Honda Accord ball joint fell off going down the freeway it turns out it has been recalled what can I do

Check my VIN number but it only goes back 10 years

Peter N. Munsing
Peter N. Munsing
answered on Aug 22, 2016

Unless you bought the car recently, with that vintage it may well be a replacement ball joint one or two front end jobs ago.

I don't see that you can really make a claim, but if it resulted in a crash contact a member of the State of Washington Assn for Justice--they give free consultations.

1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Animal / Dog Law for Washington on
Q: Can my dog get shoot for chasing someone's cat?

My dog dose no harm to anything and he got out of his fence quite a bit here recently and chases the neighbors cats he don't hurt them he just Chase them. And the neighbor said if it happens again he will shoot him.

Peter N. Munsing
Peter N. Munsing
answered on Jul 26, 2016

The neighbor can't shoot them because of hunting laws which prohibit firearms use near houses (don't tell the neighbour --they will use something else). You say he got "out of his fece quite a bit" --that is called a nuissance in the law. You need to fix your fence, get a new... View More

1 Answer | Asked in Personal Injury and Products Liability for Washington on
Q: Can I recover damages for a transvaginal mesh implant from 2002 that did not become a problem until recently?

I have become steadily more allergic to everything related to polymers and all fruits and vegetables that are in the Latex family. I am currently being treated by UW clinics

Peter N. Munsing
Peter N. Munsing
answered on Jun 25, 2016

It is difficult to show that allergies are caused by the mesh and not to a change in your immune/autoimmune system. Assuming it can be shown, there are other issues. I suggest you contact a member of the State of Washington Assn for Justice who handles "medical products."

1 Answer | Asked in Products Liability for Washington on
Q: my thumb was sliced open while closing a cannabis oil container it shattered and cut me can i seek to go after anyone?
Adam Studnicki
Adam Studnicki
answered on Jan 21, 2016

More info is needed. Save the container, get medical attention as needed and talk to a local injury lawyer.

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...
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1 Answer | Asked in Products Liability for Washington on
Q: Why are testosterone injections excluded from the class action suit for persons who suffered from blood clots following

testosterone supplement treatments?

Adam Studnicki
Adam Studnicki
answered on Oct 9, 2015

There are a number of firms handling individual testosterone treatment cases for injuries including heart attack, pulmonary embolism, blood clots and other injuries. Federal court cases have been consolidated in a multidistrict litigation (MDL), where each case is individual but some issues are... View More

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