Products Liability Questions & Legal Answers

187 legal questions have been posted about products liability by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include food products liability, automotive products liability, and drug and medical device litigation. All topics and other states can be accessed in the dropdowns below.

Recent Legal Answers

In a product malpractice suite against a pharmaceutical company what can I do if the company didn't have insurance or files bankruptcy?

Answered 8 years and 10 months ago by attorney Patrick Short | 1 Answer

I'm actually handling one of those cases already. There are many issues related to these types of cases. I would recommend you contact a lawyer to discuss your situation. Typically, lawyers who do this type of work give free consultations like I do. Your case and circumstances will be evaluated by the personal injury attorney to determine what is the best course of action given the damages you have suffered. I would also recommend that you get a copy of any and all medical records related to your injury. If you cannot get them, the attorney helping you can get them. My current client was able to obtain the records. Had that become an issue, we would have obtained them. Do the best you can to recall what occurred factually and be prepared to explain it to the lawyer you consult with. I'm very sorry this has occurred to you. Patrick Short ... Read More

I'm actually handling one of those cases already. There are many issues related to these types of cases. I would recommend you contact a lawyer... Read More

I was taking a drug for arthritis that may have caused MS, which was not a listed side effect. I am looking for info on my rights regarding this.

Answered 8 years and 11 months ago by attorney Lori Nevias | 1 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 More

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,... Read More

Can I be forced into accepting my car after repairs?

Answered 9 years and a month ago by attorney Mark Tischhauser, Esq. | 1 Answer

There is something missing here as it is RARE that an insurer will reduce a previously totaled car to 68% from 90% damage to value on its own. This almost always only occurs when the INSURED doesnt want the car totaled for some financial reason or other. YOu may need to retain a lawyer at this point to address this with the inusrance carrier assuming its YOUR company. If its a third party company - it get much more complicated. ... Read More

There is something missing here as it is RARE that an insurer will reduce a previously totaled car to 68% from 90% damage to value on its own. This... Read More

I got a letter from the hospital where I had my open heart surgery. The machine they used to heat and cool the blood was linked to bacteria infection

Answered 9 years and a month ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

Feel free to call me and I will be glad to help. 615-646-9417. Patrick Johnson

Seeking attorney pro bono condo in surf city that has been damaged 2x in

Answered 9 years and 2 months ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

Can't help you on the pro bono attorney. Good luck.

I purchased a "reconditioned" mattress. Upon delivery, I notified mgmt that it was dirty and appeared very worn. How can I get my money back?

Answered 9 years and 2 months ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

If you brought the mattress "as is", then you get it in whatever condition it is in.

how can i get back my money from purchasing a prescription glasses. i cant see out to the glasses at all

Answered 9 years and 3 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

Depends on thier policy and the issues. Generally they will provide you adjusted glasses as a replacement but rarely simply a refund. Reason being they would get stuck with the expense simply because of buyers remourse or a better deal found after the fact.

Depends on thier policy and the issues. Generally they will provide you adjusted glasses as a replacement but rarely simply a refund. Reason being... Read More

Okay, I am a 17 year old girl and I have purchased most of my belongs such as my cell phone and an ipad. My father has refused to give them back.

Answered 9 years and 3 months ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

You are still a minor under the legal control of your parents who can set rules for you.

Can I pursue a case if I have gotten sick from a product purchased from a grocer and it caused me to be sick and miss out on work and lose money?

Answered 9 years and 7 months ago by attorney Renea Overstreet | 1 Answer

We offer a free consultation. We would better be able to analyze your case and let you know your options when we talk. Let me know if you'd like to set up a consult.

We offer a free consultation. We would better be able to analyze your case and let you know your options when we talk. Let me know if you'd like to... Read More

Will i be able to have my money back?

Answered 9 years and 7 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

If its a fraud scam as you describe not likely. YOu can report to law enforcement and see what they do or say. They will likely tell you it s civil matter.

If its a fraud scam as you describe not likely. YOu can report to law enforcement and see what they do or say. They will likely tell you it s civil... Read More

Question of Accountability

Answered 9 years and 9 months ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

Yes they should step up and do what is right by paying for the repair. Unfortunately, everybody doesn't do the right thing.

Has Levaquin been linked to stenosis , cervical and thoracic spine problems?

Answered 9 years and 9 months ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

This is a medical question and not a legal question. I would suggest that you to Google and do some research.

What do I need to do to protect my company, and products, from being sued for accidents?

Answered 9 years and 10 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

ooooo You will need to do several things and they all involve spending money sadly. First you will need to hire counsel and possibly a safety expert to address the various potential exposures. THEN start to brainstorm the various ways to miminize the risks with any product changes and ensure regulatory compliance. THEN you will need to figure out what kind of warning or safety labels would be appropriate and this will need to be vetted with your marketing people to find a balance that works. By example, lawyers would tell you to have HUGE warning labels like.....DO NOT USE WITH ALCOHOL YOU WILL DIE OR BE DISFIGURED....whch is not a great sales pitch. LOL... Read More

ooooo You will need to do several things and they all involve spending money sadly. First you will need to hire counsel and possibly a safety expert... Read More

An electronic bug bug deterrent caught fire in my house. What kind of a case do I have?

Answered 10 years ago by Patrick Johnson (Unclaimed Profile) | 1 Answer

First be sure that you keep the product. Second, how do you know that it was the product which caused the fire versus a shortage in the wiring of the outlet which might have caused the product to catch on fire?

First be sure that you keep the product. Second, how do you know that it was the product which caused the fire versus a shortage in the wiring... Read More

Can I sue my security company for a break in and their system didn't detect it

Answered 10 years and 2 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile) | 1 Answer

First I would suggest that you consult a lawer who deals with products liability. You will need an expert who can state that due to a defect or design flaw your system failed and that was the cause of your damages. Dr. Michael G. Sribnick, Esq. attorney in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

First I would suggest that you consult a lawer who deals with products liability. You will need an expert who can state that due to a defect or... Read More

Plastic found in organic baby food

Answered 10 years and 3 months ago by Michael Varble (Unclaimed Profile) | 1 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 More

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... Read More

Do I have a case

Answered 10 years and 5 months ago by Aric N. Williams (Unclaimed Profile) | 1 Answer

Yes, I would definitely say you have a case. You could potentially sue the manufacturer who made the juice, the distribution center that sold the juice to Winn Dixie, and also Winn Dixie. I would need more facts but I think this would be something you could pursue. Make sure you keep all of your medical records to show that your kids were sick. Please feel free to reach out to me at aric@aricwilliamslaw.com if you have any additional questions or would like to discuss your case further. ... Read More

Yes, I would definitely say you have a case. You could potentially sue the manufacturer who made the juice, the distribution center that sold the... Read More

What can be done about finding inedible object in a burger?

Answered 10 years and 7 months ago by Ms. Lisa L. Lanier (Unclaimed Profile) | 1 Answer

Dear Anonymous: The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it was unfortunate that a screw ended up in one of your burgers at the fast food restaurant, it will be difficult for you to prove that there were actual damages. The plaintiff (or the injured party) has the burden of proof in North Carolina. You would need to convince a 12-person jury that you and your family are truly not eating anything and not sleeping – all due to finding the screw in your burger. Without any medical doctors or mental health professionals to testify to any of your damages, it is highly unlikely you will be able to prove damages in this case. 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 More

Dear Anonymous: The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it... Read More

what do i do about finding a piece of metal in my nuts

Answered 10 years and 9 months ago by attorney John Mark Cooper | 1 Answer

VA law requires that food sold must be reasonably safe to eat. You should report the event to the place where you bought the product.

Gerber Gentle Toddler Formula

Answered 10 years and 11 months ago by attorney Mark Tischhauser, Esq. | 1 Answer

The remedy is to by the formula that your child likes and not the Gerber. You can complain to Gerber and see if they provideyou accomodation out of customer service. This is not a legal issue.

The remedy is to by the formula that your child likes and not the Gerber. You can complain to Gerber and see if they provideyou accomodation out of... Read More

Tooth /bone fragment found in Marie Callander's SALISBURY STEAK DINNER.

Answered 11 years and a month ago by Mr. John Michael Phillips (Unclaimed Profile) | 1 Answer

This isn't a good case. You had not medical / physical damages. I understand you may have some emotional upsettedness from this, but the law does not look on this as a case for damages.

This isn't a good case. You had not medical / physical damages. I understand you may have some emotional upsettedness from this, but the... Read More

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