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Consumer Liability

The responsibility of a manufacturer to compensate for injury caused by defective merchandise that it sold.

158 Questions

In the tobacco industry are lawsuits being filed in federal court or state court?

Lawsuits in the tobacco industry can be filed in both federal and state courts, depending on the specifics of the case. Many cases, especially those involving state-level regulations or consumer protection claims, are typically filed in state courts. However, federal courts may be involved in cases that raise issues of federal law or involve parties from different states. Additionally, some high-profile cases may be removed to federal court if they meet certain criteria.

What is a termination of temporary and termination absolute?

A termination of temporary refers to the end of a temporary arrangement or agreement, often allowing for the possibility of re-establishing the relationship or terms in the future. In contrast, a termination absolute signifies a definitive end to an agreement or relationship, with no intention or possibility of revival. These concepts are commonly used in legal contexts, particularly in contracts and employment. Understanding the distinctions between them is crucial for determining the implications for all parties involved.

What is a conformed request for dismissal?

A conformed request for dismissal is a legal document submitted to a court to formally request the dismissal of a case, typically accompanied by signatures and dates that confirm the request was filed. This document is often used when parties have reached a settlement or no longer wish to pursue the case. The "conformed" aspect indicates that it has been stamped or marked by the court to acknowledge its receipt. Once granted, the court officially closes the case.

What happens when your home is repossessed?

When your home is repossessed, typically due to mortgage default, the lender takes legal ownership of the property. This process often involves a foreclosure, where the lender sells the home to recover the remaining mortgage balance. You may lose any equity built up in the property and could face a negative impact on your credit score. Additionally, depending on the jurisdiction, you might still owe money if the home sells for less than the mortgage balance.

Can you get sued as employee if something i built caused injury?

Yes, an employee can potentially be sued if something they built caused injury, depending on the circumstances. Typically, liability may fall on the employer under the doctrine of respondeat superior, but employees can be held personally liable if they acted negligently or intentionally. Factors such as the nature of the work, adherence to safety protocols, and whether the employee was acting within the scope of their employment will influence the outcome. It's advisable for employees to consult legal counsel if they face such a situation.

Why should the consumers be protected?

Consumers should be protected to ensure their safety, rights, and well-being in the marketplace. Protection measures help prevent fraud, exploitation, and unfair practices, allowing consumers to make informed choices. Additionally, safeguarding consumer interests fosters trust in businesses and promotes fair competition, ultimately benefiting the economy as a whole. By ensuring that consumers are treated fairly, societies can support ethical practices and enhance overall quality of life.

What to do to request a case be dismiss?

To request a case be dismissed, you typically need to file a formal motion with the court where the case is pending. This motion should outline the reasons for the dismissal, supported by relevant facts and legal arguments. It's important to follow the court's specific rules regarding formatting and submission. Additionally, you may need to serve the motion to the other party involved in the case.

Is the use of the term Swiss Army Knife trademarked?

Yes, the term "Swiss Army Knife" is a trademark owned by Victorinox, the Swiss company known for producing multi-tools and knives. However, the term has become widely used in a generic sense to describe versatile tools or products that serve multiple functions. As a result, while it is a trademarked name, its usage has broadened in everyday language to refer to similar multifunctional items.

In Indiana what property is non-exempt?

In Indiana, non-exempt property typically includes assets such as luxury items, second homes, certain vehicles, and investment properties. Additionally, cash and bank accounts exceeding specific limits may also be considered non-exempt in bankruptcy proceedings. Generally, any property that is not protected under state or federal exemption laws can be classified as non-exempt. It's important for individuals facing financial difficulties to consult legal advice to understand their specific circumstances.

What protect credit card users' rights and how their information is gathered and used?

Credit card users' rights are primarily protected by regulations such as the Fair Credit Billing Act (FCBA) and the Truth in Lending Act (TILA), which ensure fair practices in billing and transparency in lending terms. Financial institutions must inform users about how their information is collected, used, and shared, typically through privacy policies. These policies outline data usage for purposes such as fraud prevention, marketing, and creditworthiness assessments. Users have the right to dispute unauthorized charges and access their credit reports, which helps safeguard their financial information.

Can an employee renegotiate a contract on his terms and does this renogotiation null and void the previous employment contract?

An employee can attempt to renegotiate a contract on their terms, but this is typically subject to the agreement of both parties (the employee and employer). If both parties agree to the new terms, the previous contract is generally considered null and void, replaced by the newly negotiated agreement. However, if the employer does not agree to the changes, the original contract remains in effect. It's important for both parties to document any changes in writing to avoid disputes.

What does 'Answer of Garnishee' mean in the state of Iowa. My record shows this as the last action taken in a case with a creditor that attained a judgment against me. The action was in Oct. 2011?

In Iowa, an "Answer of Garnishee" refers to the response filed by a third party (the garnishee) who has been ordered to withhold funds or property from a debtor to satisfy a creditor's judgment. This document typically indicates whether the garnishee holds any assets belonging to the debtor and outlines the amount that can be garnished. If your case has this notation from October 2011, it likely means that a garnishee responded to a garnishment action related to the judgment against you at that time.

What is customer recovery?

Customer recovery refers to the strategies and actions a business takes to address and rectify a customer's dissatisfaction or negative experience with its products or services. This process aims to restore customer trust and loyalty by acknowledging the issue, providing solutions, and ensuring the customer feels valued. Effective customer recovery can turn a negative experience into a positive one, potentially leading to increased customer retention and advocacy. It often involves personalized communication and follow-up to ensure the customer's needs are met.

What if you will receive money from a class action lawsuit 5 years after ch 7 bankruptcy The suit began during the time you were filing but you were not aware of it You are just a member of the class?

If you receive money from a class action lawsuit five years after filing for Chapter 7 bankruptcy, the outcome depends on the timing and nature of the funds. Generally, any assets or income acquired after the bankruptcy filing are yours to keep, as they are not part of the bankruptcy estate. However, if the lawsuit was initiated before your bankruptcy and the funds are considered part of the estate, the bankruptcy trustee may have a claim to those proceeds. It's advisable to consult a bankruptcy attorney to understand your specific situation and any potential implications.

What is the SOL limit for North Carolina?

In North Carolina, the statute of limitations (SOL) varies depending on the type of legal claim. For personal injury cases, the SOL is generally three years from the date of the injury. For breach of contract, it is typically three years as well. However, certain claims, like fraud, may have a different timeframe, so it's important to consult specific legal statutes or an attorney for precise guidance.

How do you file a written answer with the clerk who issued this citation Texas?

To file a written answer with the clerk who issued a citation in Texas, you need to prepare a document that responds to the allegations in the citation. This document should include your name, the case number, and a clear statement of your position. Once completed, file it with the clerk's office in the appropriate court, either in person or via mail, and ensure you keep a copy for your records. It's also advisable to check for any specific local rules or requirements that may apply.

What are the benefits of government involvement in consumer activities?

Government involvement in consumer activities can enhance consumer protection by enforcing regulations that ensure product safety and fair practices. It can also promote competition by preventing monopolies and encouraging innovation, ultimately leading to better prices and quality for consumers. Additionally, government initiatives can help educate consumers about their rights and available resources, fostering informed decision-making. Overall, such involvement aims to create a fairer marketplace and support economic stability.

If a person has a judgment against them personally can their business account be garnished or just their personal account?

If a person has a judgment against them, both their personal and business accounts can potentially be garnished, depending on the legal structure of the business and local laws. If the business is a sole proprietorship, the personal and business assets are often considered the same, making both accounts vulnerable. However, if the business is a separate legal entity, like an LLC or corporation, only the individual's personal assets would typically be at risk, leaving the business assets protected. It's advisable to consult with a legal professional to understand the specifics in any given situation.

What is the statute of limitations for misrepresentation in Georgia?

In Georgia, the statute of limitations for misrepresentation is generally two years from the date the plaintiff discovers the misrepresentation or should have discovered it with reasonable diligence. This applies to both fraud and negligent misrepresentation claims. However, if the misrepresentation is related to a contract, the statute of limitations may vary, so it's essential to consider the specific circumstances of the case. Always consult a legal professional for precise guidance.

Can a contract be voided if the date has been changed without knowledge?

Yes, a contract can potentially be voided if the date has been changed without the knowledge of one party, particularly if the change affects a material term of the agreement. A party that was unaware of the alteration may argue that they did not consent to the modified terms, which can undermine the contract's enforceability. However, the specific circumstances and the governing laws will dictate the outcome, so legal advice may be necessary to assess the situation accurately.

What happens if someone doesnt respond to a lawsuit complaint?

If someone doesn't respond to a lawsuit complaint within the specified timeframe, the plaintiff may file a motion for default judgment. This means the court can rule in favor of the plaintiff since the defendant failed to contest the claims. As a result, the plaintiff may obtain a judgment that could include monetary damages or other relief sought in the lawsuit. Ultimately, the defendant loses the opportunity to present their side of the case.

Can a subpoena be served on a Sunday in Colorado?

Yes, a subpoena can be served on a Sunday in Colorado. Colorado law does not prohibit the service of subpoenas on Sundays, allowing for flexibility in legal proceedings. However, it's important to ensure that the service complies with all other legal requirements and rules regarding subpoenas.

Can a suit in civil court and complaint in consumer court go together?

Yes, a suit in civil court and a complaint in consumer court can proceed simultaneously, as they address different legal issues and remedies. A civil suit may involve broader contractual or property disputes, while a consumer complaint specifically addresses grievances related to consumer rights and protection. However, the outcomes in each court can differ, and parties should consider the implications of pursuing both avenues concurrently. It's advisable to consult legal counsel for guidance tailored to the specific circumstances.

Can a casual labor person sue you for an injury?

Yes, a casual labor person can sue for an injury if it can be proven that the injury resulted from negligence or unsafe working conditions. Employers have a duty to provide a safe work environment, and if that duty is breached, the injured party may have grounds for a lawsuit. However, the specifics can vary based on local laws and the circumstances surrounding the injury. It’s advisable to consult with a legal professional for tailored advice.

What happens after your house is repossed?

After your house is repossessed, the lender typically sells the property to recover the outstanding mortgage debt. You may receive a notice of foreclosure, and any remaining balance after the sale, known as a deficiency, could still be owed to the lender. Your credit score will be negatively impacted, making it harder to obtain future loans. Additionally, you may need to vacate the property and find alternative housing.