Products Liability Legal Questions

I hope that means you were not hurt! If you were not hurt you were not damaged except to the extent that you have a jar of peanut butter with metal pieces in it. Take it back to the store that sold it to you. The store will ask you about the metal pieces - the manufacturer and the store are not responsible to replace the contents unless you can establish that the metal pieces were in the peanut butter when you purchased the jar. The store may refuse to refund the price of the peanut butter.  Based on what you have said I doubt that any litigation would be economically rewarding for you. Good luck! Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.comhttp://www.ProductDefectNews.com 800-956-0123 ... Read More

You should ask the attorney who represented you in your claim to provide you with this information. Generally speaking, and personal injury actions compensation for pain, suffering and loss of enjoyment of life are not taxable while compensation that you receive for lost wages is.   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 More

You might have a products liability case against the manufacture of the latter if it was manufactured or designed to effectively. I do not know what the statute of limitations is in Alabama. In New Jersey, it is two years from the date of the accident. You should contact a local personal injury attorney will provide you with a free consultation and advise you whether he thinks you have a viable case.  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 Skype: john_ratkowitz Web: www.starrgern.com email: jratkowitz@starrgern.com.... Read More

Yes - consult with an experienced products liability attorney immediately. Bring all correspondence you had with the manufacturer/server of the food and the insurance company, and all medical bills. Most likely this question will be determined under the law of the State of Colorado rather than California. Good luck! Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123 ... Read More

If the only result of buying the candy bar was that you found the penny, there has been no damage to you or your son that I can find. You don't get a big recovery because of a "eew" thought in reaction to the candy bar. If, however, your son bit into the candy bar and broke his tooth because of the penny, or got violently ill because of something in the bar, you might have a claim that would be economically viable - worth the cost of prosecuting a claim with sufficient probability that you'll get enough money to make the effort worthwhile. Take care - Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123  ... Read More

While my firm does not pursue campaigns just to send a message, we do take on issues which will help corporations think twice about their products when we can do so on behalf of a person who has suffered serious personal injury, or a family who is enduring the loss of a loved one, because of a defective consumer product, especially automobiles. We have seen the changes which manufacturers have made because of lawsuits like the ones we prosecute. I think you need to be clear about what you want to accomplish in response to the incident you write about. Keep in mind that Costco is a retailer of other companies' products, and not the manufacturer of those products. You won't change the incidence of hair or fibers on potato chips by accusing Costco of that. However, meaningful communication of the occurrence to Costco might bring ITS voice to the actual manufacturer of the offending chips, which will increase the chance of making sure that "this won't happen to anyone else". Unless you have not written about the harm that these chips did to you, it sounds to me that a lawsuit on your behalf will not be economically feasible - you will spend a lot more money than you are likely to recover in the suit. Make use of your voice and your communication rather than your time and money! Good luck.   Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.      ... Read More

What a close call and a trying situation! I think you'll find that the answers to your questions are found in Irish law rather than California law. Issues of "duty", "breach of duty", "negligence", and products liability are usually a matter of the place where the incident occurred, rather than the place where you might live. But generally from a common sense point of view (and most of law is an application of common sense with some guidelines to decide "close" questions with conflicting policy), I think you would be held liable for the results of the fire because it was you who lit and used the candle and "caused" the fire. What Irish law requires for the safety of bed linens is a matter of Irish law. What is required for fire fighting equipment is also a matter of Irish law. I can see the reasonableness of charging you for the room the hotel could not use because of the fire and charging you for the room the hotel could not use because you were using it. Good luck getting these issues worked out!   Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read More

I am saddened by your troubles.  You will have many issues of proof in any claim that you might bring - specifically in your need to prove "causation", which is the requirement that some identified defect in the product which existed at the time it left the manufacturer has caused the "injury" and "damages" that you are seeking in compensation. Not only will your case be potentially too expensive to investigate with the hopes of finding a defect in the condoms, but it will be emotionally expensive and intrusive into your and your partner's lives. I am not licenses to practice in Kentucky - many very good products liability attorneys are. If you are at all interested in getting hands-on advice on how your claim might fare in the courts of Kentucky, you should search for one of those attorneys. Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read More

What is the value of not wanting to eat green beans anymore? What is the value of being grossed out? Only you can decide what compensation is satisfactory to you. That doesn't mean that you can convince Walmart and/or the canner to agree to pay you that compensation. The compensation you might be owed is payment towards the damages that you have suffered. This is predominantly an argument of monetary value. You didn't eat the cricket. You had no physical injury. You have not incurred expenses for medical treatment. So the issue which you have the burden to convince Walmart and/or the canner is the value of your fear, of the "what might have been but, thank goodness, wasn't". In the process of negotiating a settlement of your claims you also need to think about who is responsible for the cricket being in the can. Moral responsibility carries some weight and can help with establishing a fair settlement value. While the law might impose liability on Walmart for a strict products liability claim as a distributor and seller of the can, that has little value in settlement negotiations when your damages claim is so speculative. I suggest that you remember that Walmart did nothing here other than pass along a closed can from the manufacturer and distributor to you: what did it do "wrong"? You may come to find that Walmart's offer was, in fact, reasonable. I hope you find the answer you're searching for. Brian Chase, BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.comhttp://www.ProductDefectNews.com 800-956-0123.... Read More