Products Liability Legal Questions

You have to provide more information if you would like somebody to evaluate whether you have a potential products liability claim. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.  ... Read Answer

We are actually investigating a similar claim on behalf of another client. There have been allot of lawsuits against J&J for failure to provide adequate warning about Levaquin's impact on tendons. Apparently, the FDA ordered J & J to provide increased warnings about this problem in 2008 in its drug packaging materials. In any event, the statute of limitations in products liability cases six years and in medical malpractice cases is two years.  Nevertheless, there are equitable exceptions under the case law and one of them is the discovery rule, which holds that the statute of limitations does not start tolling if a plaintiff was reasonably unaware that his medical problems were related to negligence. If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.     Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website.   ... Read Answer

Wow, that’s certainly not what you want in your sandwich.  I’m assuming your question is whether you have any legal recourse?  Well, I’d say it sounds like you have the elements lining up.  Subway should not be serving lettuce with glass in it.  If your interest in seeing what legal options you may have and the details to those options, I’d suggest taking your evidence and discussing in a confidential environment.  ... Read Answer

If food contains a foreign substance that harms the person eating the food, there may be a claim against the provider and supplier of the food. However, as with any other negligence or products liability claim, there must be damage associated with the foreign object.  Merely being "upset" will not likely result in any significant offer to resolve the claim, other than, perhaps, some coupons. If a person has suffered some actual physical harm, however, a more substantial claim can be brought.... Read Answer

If you know the name of the construction company who employed the workers, they may be liable for the damage to your vehicles. Were there any signs indicating that you should move your car due to the work being done? If not, you probably have a claim against them for negligence resulting in property damage. You need a demand letter sent to the construction company for the cost of repainting and repairing your vehicles. If they are willing to comply, then you may not need to sue them. Otherwise, you're going to court. ... Read Answer

It sounds as if you may have a product liability case against the manufacturer and seller of the saw.  There may be claims against others as well.   It is critical that you take steps to preserve the saw in its current condition.  If you have the saw, do not let anyone other than a lawyer you hire to take possession of it.  Notify any other persons that possess the saw that it is evidence and that it needs to be preserved in its current condition. You will need a good product liability lawyer as soon as possible to investigate your claim.  You may be entitled to compensation for past and future medical bills, lost income and pain and suffering.  You may call me to discuss this case at (916)774-7200. Dave Rosenthal www.rosenthalinjurylaw.com... Read Answer

It is difficult to give a specific answer to your question. First, if you have not done so already, you should immediately see a physician and get to an emergency room. It may be possible that the development of DVT, or blood clots in the leg, is a result of medical negligence, although that is not always the case. I would need additional information before I could advise as to whether you might have a medical negligence claim.... Read Answer

As the glass is not a substance natural to the product, you would have a products liability claim against the manufacturer at the very least for your injuries. I would seek medical attention, regardless of whether you have a claim, if you are having chest pains.  I have handled a number of claims similar to yours and I can tell you from experience that unless the foreign object can be obviously identified as something from the manufacturing facility you may be in for a fight over liability.... Read Answer

You should return the cookies to the store where they were purchased and they should give you a full refund. You can also write a letter to Frito Lay or fill out a form on their website explaining the problem. The store and Frito Lay will want to know about the problem. You apparently did not consume the cookies so it is unlikely that you have a damage claim.... Read Answer

You are going to have a very difficult time representing yourself in a products liability case against a medical device manufacturing company. You should consider hiring an attorney to represent you. They work on a contingency basis. If you google hip replacement and lawyer you should find several firms in New Jersey who litigate these cases. I know of one firm in particular who can help you. If you do not find an attorney on your own, email me privately and I will pass that information on to you.  Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Click here for my website. ... Read Answer

A personal injury case requires both negligence and damages. Unless you actually ate the food, there is zero claim I can think of (outside of getting your money back). If you ate the food, the question is whether you got sick. Obviously the worse the injury the more compensation you should be entitled to. If you ate the food and did not get sick, I presume you may(?) be entitled to some nominal (very minimal) damages, but the cost and time of bringing such a claim makes no economic sense for a lawyer to handle. In addition to all this you would need to prove negligence. That may not be too hard in the case of a full size bug, but it is an element nonetheless. Please understand, there may be a lawyer looking for publicity, or having a view other than mine, who would take on a case with no significant illness. You should however file a complaint with the State Dept of Health. The link is: http://www.doh.state.fl.us/environment/medicine/foodsurveillance/Online_Foodborne_Complaint_Form.html... Read Answer

Dear Anonymous: The question in any such situation is whether consuming the tained beverage caused any physical problems or damage. If so, you might have a products liability claim. If not, the claim would be limited to the replacement cost of the beverage. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

the biggest question in cases like this are "what are the damages?"  Typically proving damages in a case where something foreign is found in food, whether in a packaged product at home or in an eating establishment, is difficult.  Unless the object causes injury like a broken tooth, cut mouth, or some sort of illness due to the ingestion, then you end up arguing that you have suffered a mental injury from finding something foregin in your food.  Granted its weird, dangerous, and sometimes really gross, but proving a compensable injury based on finding something in your food is very hard.  I've also had people ask to use it as some sort of leverage against a company to basically extort a settlement out of them, i.e. "pay me some money or I'll go to the media."  I personally do not think that is ever a sound foundation to any case.  Best of luck. ... Read Answer

Product liability requires a showing that the product was defective or did not have proper warnings on the label et al.  First, it is important to exam the paint can for specific warnings and waivers by the manufacture.  Next, assuming that there has been a showing of negligence, either because the can remained on the shelf where an unsuspecting consumer, suchas your self would use it or by not warning of such a possible hazard.  The answer to this question would require a few hours in a case law data base.  Although there are general legal principles often times the specific facts of the circumstance will determine how the laws will be applied.  Further, depending on the facts, issues of assumed risk may arise as defenses.  Most importantly is the amount of damages.  What amount would place you in a position you would have been in had the product not been defective.  Perhaps this is the amount of a new paint job.  Without knowing the size i can only conjecture that it would probably cost less then $7500.  Assuming the manufacture and the retail store are not cooperating, to enforce your rights a formal law suit will need to be filed.  However, this is an expensive endeavor and would not be feasible in your position.  However, if you choose too you could file a small claims suit which usually costs less then $100. depending on the amount of the suit.  Although lawyers are not permitted to represent in small claims you could hire a lawyer to put the case together for you and then you would present it to the judge during court.  Hope this has helped.  Remember these are just general answers and should not be relied upon but only used for general information.  If you feel strongly amount your cause you should contact me so we can discuss in finer detail your legal rights in this situation. ... Read Answer

Dear Anonymous: Your question appears to ask if the dog owner's text message is enough to form a contract and make her legally responsible to pay for damages her dog caused. There is probably not a clear answer to that question. The law of contracts requires that there be something called "consideration" for a contract to be enforceable. In other words, a simple promise is not enforceable. Someone could promise to pay you money as a gift, but if they don't do so, there is nothing you can do about it. You could argue here, however, that you formed a settlement contract. If you as her to pay for all damages and she agreed and you accepted her agreement, there is consideration for her promise to pay, which would be enforceable. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer