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Consumer Liability
The responsibility of a manufacturer to compensate for injury caused by defective merchandise that it sold.
158 Questions
Do you need a lawyer in small claims court?
At the very least, anyone suing a landlord should educate himself or herself about the forms and process, and asking a lawyer how to do that might be an efficient although expensive method. There are many books and online articles about small claims court.
Most small claims courts do not allow any attorney to represent a client in court, but that doesn't mean you can't hire one to help you avoid court or to prepare for court.
There are many jurisdictions that have varying degrees of liability so any answer will be general and must not be taken to be an accurate answer.
Usually, a landlord has a duty of care to provide safe and reliable electrical wiring in a house. If he fails in this duty, there may well be a liability to make good damage to a renter's equipment. It is usually up to the renter to prove that a faulty installation was the cause of damage and also, that the landlord could be expected to know the installation is faulty.
However, the landlord will not be responsible for property that has been damaged after the renter is aware that a problem exists. To persist in connecting televisions that are damaged due to mains wiring is careless and the landlord will not be responsible for the renter's carelessness.
A blown tv due to the electrical supply would not ordinarily be due to the ground. A loose connection in the hot or neutral contacts in the outlet would be more likely. But at any rate, I agree with the answer above, that after you know of a problem, any damage is on you since you shouldn't be using that outlet.
Do you need a license to drive a 70cc moped?
Yes, anything that is above 50cc you will new a license for.
Can an attorney notarize a document in California?
In most cases notarization must be done by a third party not directly involved in the transaction being notarized. In most jurisdictions a notary can notarize something for a family member as long as they are not the beneficiary of the transaction. This is for the protection of all parties involved and should be common sense in anyone's book.
What happens after dissmissed case in want of prosecution?
Not really enough info given with which to answer the question - - - BUT if you're looking for a definition: The term is often used in traffic cases when the officer (for whatever reason) fails to appear in court to testify against you. Dismissalal is the same as if the charge was never made, and no adverse record will apear on driving record.
Can I sue someone who borrowed money without a written record of it?
Absolutely. A valid promissory note does not have to be in writing. The practical problem you will have is proving that the person borrowed the money. Without a written document, it could become just your word against the other person's You could lose the lawsuit, not because there was not written document, but because you weren't able to prove the debt.
What does it mean when the case status reads closed on a disposed by default civil case?
The case was closed. someone didn't show up to support their claim or didn't answer the claim against them.
What does pleaded guilty mean?
If you have been arrested by the police because they think you have committed a crime, the next thing that happens is that you are brought to court for trial.
When you come into court the charges against you are read out and you are given the opportunity to say that either you did not do the things you are accused of (a plea of not guilty) or that you agree that you did what you are accused of (a plea of guilty).
If you plead guilty then there is no trial and the court will decide the punishment you deserve immediately.
If you plead not guilt, a trial will be held and a jury will be appointed to hear both sides of the argument and decide if they think you are or are not guilty. If they decide you are guilty you will be punished.
Is there a legal form to answer a civil lawsuit?
Our local District Court Clerk told us yesterday to:
1) Type a heading almost exactly like the complaint (not the summons) you received, including case number, names, etc.
2) Answer, even with a simple yes or no, each numbered statement on the summons.
3) Make three copies, one for yourself, one for the court, and one for the Plaintiff.
4) Obtain a copy of "Certificate of Service," make three copies (as above), and fill out as if you were delivering or mailing the answer.
5) Deliver or mail the answer to the original Plaintiff, with delivery of service form filled out, probably a law firm in your area.
6) File the answer with the court, and ask if they give a receipt.
7) Since the filing fee has already been paid, this should cost you nothing.
Please let me know how this worked out for you, and I will do the same.
Can an employee of a business be sued by a customer?
Generally, no. However, if you should have known that your comany was doing something illegal, then perhaps yes. The US government sued every member of one company including the secretary, because they were running a gambling web site. And remember, they sued the programmers that wrote code for Madoff. Oh...You can ALWAYS sue...that doesnt mean you will win, or will not be held liable for the guy you are suing when he sues you back for his legal expenses.
You don't really answer the summons, you answer the complaint that comes with the summons. The complaint will have individual paragraphs making general factual allegations, such as "defendant signed a promissory note on a car loan for $5,000." You have to write an Answer that addresses each individual allegation. They should be in numbered paragraphs to match the paragraphs in the complaint. You will either admit some allegations if they are true, deny some that are untrue and simply leave plaintiff to prove ones you are unsure of. You are also expected to raise affirmative defenses yourself. If you do not know them you should check with a lawyer to see if any apply. The danger in not raising affirmative defenses is that you might not be able to use them in your defense at a later time.
A Summons is served with a Complaint by a process server. Process is served according to the civil procedure laws of your State. Once you are lawfully served, you are considered to be on notice of the pendency of the lawsuit, even if this is constructive notice only.
The Complaint specifies the specific counts in and of the lawsuit, and asks for relief from the court. State civil procedure laws vary, but there is a limited time in which to serve an Answer on the opposing party, usually on the order of two to three weeks. If you fail to file an Answer in that time, you will have a default entered against you.
Retain an attorney at law to draft an Answer, as this is a court pleading that only an educated and experienced practitioner will know how to fully and effectively draft, file and serve. Do not prejudice your rights by being dilatory or failing to act.
If you receive a summons in a criminal matter, immediately retain an attorney at law specifically experienced in criminal practice.
What is the most direct benefit consumers enjoy as a result of the internet?
A. It is easier to compare prices.
In Pennsylvania can you sue an employer for pain and suffering?
Although it may sometimes seem that in the US, an individual CAN, in theory, sue almost anyone for almost any reason, this is not the case.
Whether the court thinks a suit has any merit, or a lawyer thinks that prosecuting a given suit is worth his time and reputation, is another story. And bear in mind that in states with worker's compensation statutes, an employee's rights to sue his employer can be limited.
Any potential plaintiff should obtain legal advice from a qualified local attorney, who will have experience and knowledge regarding how similar matters have been handled by local courts.
Most attorneys offer free or minimal fee consultations.
How long does a restraining notice last for in New York?
It expires after one year. It can be renewed every year until the judgment expires. In New York, a judgment can be renewed twice (a total of 20 years).
What does it mean when the case status reads permanently closed?
It means that the case is permanently closest and cannot be reopened. Whatever decision is made is final and a new case would have to be opened to change anything.
Yes. When one spouse transfers their interest to the other as part of a distribution of assets in a divorce the existing mortgage should be paid off. The party receiving the other's interest must refinance in their own name. Otherwise, both remain equally responsible for paying the mortgage. Any default in the mortgage will be reported in both names as will a foreclosure if the situation deteriorates to that level.
Yes. When one spouse transfers their interest to the other as part of a distribution of assets in a divorce the existing mortgage should be paid off. The party receiving the other's interest must refinance in their own name. Otherwise, both remain equally responsible for paying the mortgage. Any default in the mortgage will be reported in both names as will a foreclosure if the situation deteriorates to that level.
Yes. When one spouse transfers their interest to the other as part of a distribution of assets in a divorce the existing mortgage should be paid off. The party receiving the other's interest must refinance in their own name. Otherwise, both remain equally responsible for paying the mortgage. Any default in the mortgage will be reported in both names as will a foreclosure if the situation deteriorates to that level.
Yes. When one spouse transfers their interest to the other as part of a distribution of assets in a divorce the existing mortgage should be paid off. The party receiving the other's interest must refinance in their own name. Otherwise, both remain equally responsible for paying the mortgage. Any default in the mortgage will be reported in both names as will a foreclosure if the situation deteriorates to that level.
What does Case eligible for destruction mean?
which trial court records may be destroyed and which must be kept. Because it may not always be easy to determine how a particular document in a case file ought to be categorized under these rules, only experienced and knowledgeable court staff should be involved in identifying which documents must be kept and which may be destroyed. In case of doubt, please contact your supervisor, the clerk of court, the trial court administrator or the custodian judge before destroying or disposing of any court record. NOTICE TO HISTORICAL SOCIETY Before a court destroys or otherwise disposes of any court record, the State Historical Society must be notified of what records are going to be destroyed or disposed of, 90 days prior to their proposed destruction, or disposition. If the Historical Society wants any of the records, those items should not be destroyed, and arrangements should be made with the Historical Society for the transfer of those records. If the Historical Society does not respond within 90 days or notifies the court that it does not want the records, they can then be destroyed. If a court is microfilming or otherwise imaging court records, the Historical Society must still be notified before the original court document is destroyed.
Can the police help you get your money back if you know who has it and where they live?
No, police cannot help you to get your money back. It the responsibility of the consumer while purchasing the products .But then it's the right of the consumer that if he/she is not satisfied with the product then he/she can return it further if the seller disagrees then she/he can complaint against him in a consumer care office not in police station but for this bill is necessary. So while shopping we should always take a bill from the seller.
