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

Sorry to hear about the incident. You chould have a case. It often depends on whether you have documented injuries or how bad they are as to whether it is worth pursuing. If you have any medical treatment, consider reaching out to a personal injury lawyer to evaluate the case. If you didn't let the restaurant know yet, consider also letting them know in case you do need to pursue this further. It can also put them on notice of the issue.... Read Answer

No real case here, beyond possibly a refund, of the sandwich price. The exception would be some documented infection from something Salmonella and significant hospital or medical care and expenses. If you get medical records showing such circumstances you need to address that with a personal injury lawyer. That said DO NOT go to a medical provider to "work up a case" unless you have health insurance or some other means to pay for all of those bills you incur. If you need to seek medical attention because you are seriously ill, bu all means seek out the care you need. Howver, just because you claim you ate raw chicken to 7-11 management does not mean that they will pay you any money nor accept liability to pay medical bills etc. and you don't want to get stuck with a bunch of medical bills unnecessarily. ... Read Answer

Not sure what you are asking about or why. You do not indicate that you ingested the worm, that there was any injury sustained if you did, or that the worm was not a part of the food product. By example, if you order fish there are commonly various worms in fish flesh, and while most cook away or are cut out, wild caught fish, like grouper and snapper still have them, and as such would not be as problematic as opposed to finding a worm in food where one would not expect to find one such as iced cream. You indicate that they discounted the check, leaving the issue to be "what is it you are expecting or wanting from them at this point?" Are there medical bills you incurred, mental health issues hat have been caused or effected? Was the company response inadequate? If you have specific issues, such as these, you will need to address this by hiring a lawyer to review the issues and provide you specific guidance on any rights or entitlements you may have. That said, if this was some indication of overall sanitation issues, such as the worm actually being something more insidious like a maggot, you might want to consider contating the local health department and making a claim. ... Read Answer

There is no way to answer a quesiton about any  law suit "being worth it." This is a purely subjective determination. That said, you would have to have direct evidence that (a) the mattress in fact has fiberglass components and (b) that it has somehow contaminated your entire house by ordinary use and (c) that there is some negative health issue specifically attributable to that circumstance. You will likely need to retain a forensic expert to test your home and the mattress to show that it is shedding fiberglass and why. The common fight on such issues surrounds improper removal or washing of mattress covers. That said, if there is a fiberglass issue with the product, you shoudl certainly make a claim with the manufacturer to see if they will replace the mattresses with some that don't have fiberglass or allow you to return them for a refund. With the proper documentation, some manufactuers will reimburse loss of furntiture or clothes, etc.... Read Answer

If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be appropriate, depending on the details. If this was claimed to be found with take out, you can try to make a claim, but in many instances they are sumarily denied unless you can prove the roach came from there. You can always call the health department and if thier inspection reveals roach issues, that might help your claim. ... Read Answer

Your medical condition preventing you from getting implants is not YOUR determination to make, but rather that of the dentist and your treating physicians otherwise. If you signed a contract, y ou are bound by the terms of the contract, unless there is some legal reason that dictates otherwise. ... Read Answer

Not sure what your question actually is. Absent a medically documented injury, this not a viable legal claim. Being "sick to your core" without documentation is of little consequence. If you want to know what the substance is, you can retain a forensic testing company at your expense to test the item, though it may cost you several thousand dollars to secure an expert answer. ... Read Answer

You need a personal injury lawyer, if you can find one willing to accept your case.Most people with salmonella infection only develop minor symptoms like diarrhea and stomach cramps and most healthy people recover within a few days without any specific medical treatment.  Accordingly, most people with salmonella have very little in the way of damages; so most personal injury attorneys would not accept such a case on a contingency fee.In the meantime, keep whatever uncooked chicken remains for testing.  While improperly undercooked poultry is one possible source for salmonella infection, it isn't the only one.  If you decide to pursue litigation, you will need to prove that you got your salmonella infection from the uncooked chiken you ate from a gas station.  Moreover, be prepared for the defense of contributory fault.  Most people would not eat uncooked chicken from any source for a variety of health reasons.  Your decision to eat uncooked chicken will likely be used against you.... Read Answer

Yes, you have a case, albeit not a very lucrative one. When a merchant sells you a product that is non-conforming (for example, raw chicken instead of properly cooked chicken), you can reject the product, give the seller a reasonable opportunity to cure the non-conformity (for example, by replacing the meal), and then if the seller refuses, you can sue to reclaim the price you paid for the non-conforming good (i.e. the raw chicken).... 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

You will have to retain a lawyer to review your lease to determine "your rights." The problem is if there is a mold issue, and you refuse to move, you will not be able to later complain to the LL about health issues or your later decision to move out. Termination of the tenancy is likely the remedy here under Fla. Stat. 83.56 regardless and if there is a mold/water leak issue, you would be wise ot move out ASAP.... Read Answer

Disgusted by a peice of plastic? Unless there is substantial medical documentation to back that up, that simply won't get far regardless of a lawyers involvement. If thats the extent of the claim, no coherent lawyer will take such a case, so you likely best served to notify the manufactuer and allow them to examine the plastic and see what resolution they propose. Usually it will be some form of credit or discount on future purchases, a refund and maybe some nominal amount for your troubles. ... Read Answer

  I changed your category to Product Liability. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum. There are requirements to follow and deadlines, so do not delay.  Best, Loren L. Gold, Esq.... Read Answer

Thats what "no refund" means. not sure where the confusion lies. If you left the items at the store, you are likely out the items along with the money if they habve them. Many stores have such policies to keep people from abusing local retailers for free fleamarket and website inventory. You would be wise to retrieve your purchased items before they are lost or tossed if they still have them. ... Read Answer