Products Liability Legal Questions

This is possibly a product liability case and possibly a straight "negligence" case.  You can call me to discuss further at (855)774-7200.   Thanks. S. David Rosenthal ROSENTHAL LAW 2251 Douglas Blvd., Ste. 120 Roseville, CA 95661 Phone:     (916)774-7200 Fax:          (916)774-7203 sdr@drinjurylaw.com www.rosenthalinjurylaw.com... Read Answer

Microgestin is not 100% foolproof. No method of birth control method but abstinence is.  Theoretically you may have a case against your OBGYN for failing to tell you that if that is what occurred, but that is not a case that I would litigate. Informed consent cases are difficult. If you want to investigate a malpractice 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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. 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 Web: www.starrgern.com.   ... Read Answer

You can't file two causes of action for the same incident. Yoou should contact your class action attorney to find out whether you can opt out of the class and file a separate lawsuit.  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 Web: www.starrgern.com.... Read Answer

I would need more information. However I believe the answer is probably not. The FDA allows a certain amount of bug parts in food knowing that is impossible to keep them out completely. The FDA has a long list of Food Defect Action levels. For example, 225 bug parts are allowed in 225 grams of pasta. Anything less is ok. Also a determinative factor is the health risk. In other words, rodent hairs and fly parts are regulated differently than rodents and maggots when it comes to what is allowed in your food. You would have to overcome the hurdle that the fly or flies in your food reached a Food defect Action level for a foreign product in food. If you were able to prove that , then you would have to prove you were injured. Personally I find it hard to believe that anyone could get so sick from eating a fly in their food that it would ever justify the expense of pursuing this uphill battle. The costs of pursuing this claim would far exceed any potential verdict or settlement.... Read Answer

Unless you have been harmed by the defect you probably don't have much of a case for personal injury or emotional distress and you may simply choose to write the manufacturer, which will generally replace the defective product and maybe even provide some additional benefits.  You should see a lawyer in person with all the facts of your case, promptly, to verify that this is your best approach.  Steve... Read Answer

Spinal Cord stimulators generate allot of unsatisfied customers. This does not necessarily mean that they are a defective product. Google the stimulator to determine whether there have been any recalls or class-action lawsuits. if there have been, you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. ... Read Answer

I do not think that you have a financially viable medical malpractice case. Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake.  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. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. ... Read Answer

I am very sorry to hear about your situation and the adverse impact that paxil has had on your life.  I would recommend that you speak with an attorney with experience in handling personal injury claims against pharmaceutical companies, so he or she can give you more insight and guidance into your options.  Good luck going forward.  -Jay Mills James J. Mills 2626 Glenwood Ave., Ste. 560 P.O. Box 10867 Raleigh, NC 27605 Telephone: 919.235.3824 Fax: 919.782.2311 www.burnsdaypresnell.com... Read Answer

There are attorneys who take these cases.  In my mind, unless a client suffers significant complications from actually ingesting a foreign object, these cases are not worth the time and effort to prosecute.  Nevertheless, if you're interested in pursuing the claim you should preserve the item that you found in the food and contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. ... Read Answer

There are attorneys who take these cases.  In my mind, unless a client suffers significant complications from actually ingesting a foreign object, these cases are not worth the time and effort to prosecute.  Nevertheless, if you're interested in pursuing the claim you should preserve the item that you found in the food and contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com. ... Read Answer

It really depends on whether you can provide that they were defectively designed. Google the name of the product with the word "lawsuit" and see if somebody else has filed a lawsuit against the product manufacturer. If you want to investigate hiring an attorney to investigate the claim, you should contact a local personal injury attorney (one in your state) who does products liability work.  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. Click here for more information about me. Click here for more information about my firm. 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 Web: www.starrgern.com.... Read Answer

thank you for your inquiry. how long was your child trapped and was she injured? did she get medical treatment? can you send me photos of the inside of the vehicle, showing the belt, from above and below where it connects. how did she get it around her neck? any marks on her neck? where were you, how did you get help, who was with you? these questions will help me determine how to advise you as to what to do. if we can help we will. let me know asap.   yours truly,   jay stillman, atty www.jstillman.com  jay@jstillman.com  1-800-967-2246... Read Answer

If you are interested in pursuing a claim, you should contact a local personal injury attorney (one in your state) who pursues products liability claims. From my perspective, if the third pacemaker cures the physical problems caused by the second pacemaker, you probably do not have a financially viable case. Although it sounds like you have a lost wage claim as part of your damages, under the law you have a duty to mitigate damages, so if you get another job, your lost wage claim will be limited.  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  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 Web: www.starrgern.com. ... Read Answer

There are multiple ongoing class action lawsuits against the manufacturers of hip replacement prosthetics. If you Google metal on metal hip replacement lawsuits, you will inevitably get directed to multiple law firms who handle these claims. These are the kinds of cases where you do not necessarily need a lawyer from your own state to represent 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 Web: www.starrgern.com.   ... Read Answer

There are attorneys who take these cases.  In my mind, unless a client suffers significant complications from actually ingesting a foreign object these cases are not worth the time and effort to prosecute.  Nevertheless, if you're interested in pursuing the claim you should preserve the item that you found in the food and contact a local personal injury attorney (one in your state). Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  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 Web: www.starrgern.com. ... Read Answer

If somebody gets hurt to do a design defect it certainly possible that you could be exposed. Manufacturers of this kind of equipment take out insurance to protect themselves from claims. 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 Web: www.starrgern.com.... Read Answer

There are attorneys who will prosecute these cases. Generally speaking, I think that unless a client can demonstrate that he suffered physical harm as a result of ingesting the foreign object, a case is probably not worth the time and expense in pursuing a claim/lawsuit.  If you would like to pursue the case, you should contact a local personal injury attorney (one in your state).  Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  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 Web: www.starrgern.com.... Read Answer

there are attorneys who will prosecute these kinds of cases.  In my view, if you did not suffer physical harm from ingesting a foreign object and the claim is about mental anguish related to the experience I do not think these cases are worth the time and effort involved in prosecuting them.  Nevertheless, reasonable minds can differ on this issue.  If you want to prosecute the case you should contact a local personal injury 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. 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 Web: www.starrgern.com.... Read Answer

There are attorneys that will prosecute these cases, but my view is that clients generally do not suffer harm that warrants the time and expense required to litigate. Look for a local personal injury attorney in your state if you want to pursue a case. They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. 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 Web: www.starrgern.com.... Read Answer

If your dog was chained up to a tree and the person who ran into your yard was uninvited, then I can't envision any reason why you would be legally liable.  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 Web: www.starrgern.com.... Read Answer

You have a products liability case but it probably is not economically viable if you were not injured. Contact the company and advise them of what happened. You could contact an attorney, but they probably will tell you with no damages, there is no case worth pursuing.  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 Web: www.starrgern.com. ... Read Answer

You might have a viable products liability/medical malpractice case. There have been some hernia mesh product recalls. Sometimes the mesh is not installed correctly.  Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read Answer

This sounds like a case that should definitely be investigated.  Was the elevator defective?  Was it maintained or run by the employer in a negligent fashion?  Have you filed a worker's compensation claim? For more information check out our negligence accidents page at: http://fairlielaw.net/practice-areas/negligence-accidents/ Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net ... Read Answer