New York Products Liability Legal Questions

Sorry to hear what happened to your son. Your post did not contain a question. Assuming you're asking whether you might have a potential lawsuit against the restaurant and without minimizing what your son went through, an ER visit, without more, would not justify the time and expense of a personal injury / products liability lawsuit. You can try asking the restaurant to reimburse you for any out-of-pocket medical expenses. Some insurance policies have what is commonly referred to as a "med pay" provision which will cover a claimant's medical expenses regardless of fault. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com ... Read Answer

This could be both a products liability and a medical malpractice or personal injury case. The question of whether the helmet was defective needs to be explored, as does whether the doctor properly explained how to use it, whether your son properly used it, whether it was appropriate to use it, and if the doctor waited too long to instruct your son to stop using it.  The viability of the case will also depend on the severity of the deformity. You should be aware that the statute of limitations for products liability litigation is three years from the date of injury and medical malpractice is 2 1/2 years. ... Read Answer

Mr. Judd, sorry to hear what happened to you.  Unforunately and without minimizing what you went through, the time and expense of a lawsuit would not be justified by temporarily choking on a piece of salt paper.  Best to speak with the manager and ask for a full refund / store credit. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

You can absolutely sue under the New Car Lemon Law for a refund or replacement assuming the car was purchased less than two years ago and has less than 18,000 miles on it. Under the Federal Magnusson-Moss Warranty Act, also known as the Federal Lemon Law, you are entitled to hire an attorney and if you win, recoup your reasonable attorney fees and court costs. In a case like this, most attorneys would work on a deferred fee basis.  ... Read Answer

A number of people have successfully sued the manufacturer of Humira for over $2 million for failure to warn of the potential for developing cancer, MS and other serious neurological diseases. The likelihood of success depends on when you started taking the drug and what warnings were available to the public at the time. You may also have a medical malpractice action against your doctor to fail to adequately screen you prior to prescribing the drug. ... Read Answer

I'm glad your son was not injured. In order to file a lawsuit you would have to have damages. As your son was not injured there are no damages. If you have the original packaging from the baby food you may want to contact the company that produces it and inform them. They will most likely offer to refund your money from purchase and send you coupons for future purchases. ... Read Answer