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California Products Liability Questions & Answers
3 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More

James L. Arrasmith
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answered on May 8, 2023

Based on the information provided, it is possible that both product liability and medical malpractice could be factors in your case.

Product liability refers to the legal responsibility of a manufacturer or seller for injuries caused by a defective product. In this case, the broken drill...
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1 Answer | Asked in Products Liability and Personal Injury for California on
Q: IF medical apparatus cause emergency surgery ending in colostomy bag do I have a case?
James L. Arrasmith
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answered on Apr 25, 2023

If a medical apparatus caused emergency surgery resulting in a colostomy bag, it may be possible to pursue legal action against the manufacturer of the medical device or the medical professional responsible for its use.

To determine if you have a case, you would need to consult with a...
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1 Answer | Asked in Products Liability and Personal Injury for California on
Q: CACI No. 1620. Negligence - Recovery of Damages for Emotional Distress - No Physical Injury - Direct Victim - Essential?

What kind of attorneys handle these type of claims? And how much do these claims typically go for? I have a medical bill for $10,000

James L. Arrasmith
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answered on Apr 5, 2023

If you are seeking to file a claim for damages for emotional distress resulting from negligence but without physical injury, you may want to consult with an attorney who specializes in personal injury law. Personal injury attorneys can advise you on your legal options and the potential value of... View More

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

William John Light
William John Light
answered on Feb 13, 2023

If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More

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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 13, 2023

When you say illegal, you are talking criminal. That would require your proving criminal intent. I would want to hear the doctor's version.

If s/he billed the ins co for a new leg, there might be a fraud.

I would write the doctor, return receipt requested, setting forth your...
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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

James L. Arrasmith
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answered on Feb 20, 2023

It is not legal for an orthopedic doctor to give a patient a prosthetic leg with used parts without the patient's knowledge and consent. In California, doctors are required to obtain informed consent from patients before performing medical procedures or providing medical devices or treatments.... View More

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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2 Answers | Asked in Insurance Bad Faith, Products Liability and Car Accidents for California on
Q: Under California insurance law how long does the insurance company have to settle a claim? What article # is this law?

Trying to find the article number if it is a real law.

William John Light
William John Light
answered on Oct 24, 2022

If you are talking about an insurance company for another person who might be liable to you for damages caused by an accident, the insurer can dispute its insured's liability, and the extent of the damages, until there is a settlement or a final judgment.

If you are talking about your...
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1 Answer | Asked in Products Liability, Civil Litigation and Insurance Bad Faith for California on
Q: Can atty file MTS, then demurrer to complaint, demurrer to 1st amend, demurrer and MTS to 2nd amended ?

Defendants failed to answer complaint for water damages to home-defective part; Defendant insurance adjuster emailed for 60 extension; plaintiff filed default after 58 days; court issued order plaintiff may be sanctioned for failure to file default; complaint filed over 100 days, Def atty filed to... View More

James L. Arrasmith
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answered on Mar 25, 2024

In California, an attorney can indeed file a motion to strike (MTS) and a demurrer to the original complaint, first amended complaint, and second amended complaint as you've described. This can be part of a defensive strategy to challenge the legal sufficiency of the plaintiff's case. If... View More

2 Answers | Asked in Personal Injury, Products Liability, Tax Law and Workers' Compensation for California on
Q: Hi what do I do if I have F.B.I and sherriffs and .L.A.P.D stalking me everyday making because of a fight with relative

Check my phone and address to see if am white listed/ black or if they hack my phone theres a clown/ bozo that's a 300 boys" from the sheriff's that won't leave me alone along with his friends so called business partners I have life insurance in my name I never purchased and... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Aug 21, 2023

Hi Erick, you probably shouldn't put private information online like your name, address and phone number. Consider deleting your question as soon as possible. As for your concerns... do you have a case worker? I know some gov't agencies have case workers. Maybe you can set up an appt. to... View More

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for California on
Q: Can a defendant in a federal civil suit limit personal address disclosure to a post office box, versus street address?

For purposes of federal rule 26(a), or any other rule, can a defendant in a federal civil suit -- who has voluntarily entered said civil suit -- limit his personal address disclosure to Plaintiff and to the Court to a post office box as opposed to residential street address if the location of his... View More

James L. Arrasmith
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answered on Aug 19, 2023

A defendant in a federal civil suit can request to limit personal address disclosure to a post office box, especially if the location of their residence isn't relevant to the lawsuit. This request should align with privacy concerns while still complying with the rules of civil procedure.... View More

1 Answer | Asked in Products Liability, Business Law, Construction Law and Small Claims for California on
Q: If a contractor leaves equipment on a property, & someone moves the equipment, causing damage to the home, who's liable?

For instance, if the contractor had left a compact tractor on the property, and over a weekend when neither the homeowner or contractor were there, someone pushed the tractor into the siding on the home, causing damage, would the contractor be liable for the damaged siding since they were the one... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Nov 17, 2022

No, the person who moved the backhoe actually caused the damage, not the contractor who wasn't there.

1 Answer | Asked in Products Liability and Business Law for California on
Q: In regards to 2021 California Vehicle Code 25105 section b, are there any insititution that certify this 6 candle power?

I am currently working for an automotive company and as I am dealing with automotive interior lighting products, I wonder if there are any institution that helps verify this illuminance value of 6 according to VEH Code 25105 section b. Thank you for your help in advance.

James R. Dickinson
James R. Dickinson
answered on Oct 31, 2022

Honestly, more information is needed as it's unclear what's being asked here. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal... View More

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: Father worked at utilty conpany died of cancer Pentachlorophenol, mom second hand

I lived in our family home when I was preganet live there with my daughter the carpet had never been cleaned other than vacuuming, my daughter is having health issues. she is 36. It took over 30 years for it to manifiest in my parent.

Dale S. Gribow
Dale S. Gribow
answered on Oct 26, 2022

SET UP A CONSULTATION WITH A LOCAL PI ATTY ASAP

YOU WILL NEED PROOF OF THE CAUSATION, AND THE LAWYERS MAY BE ABLE TO HELP WITH THAT IF THE FACTS ARE THERE.

2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: My PCP injected me w/trulicity & bydureon. I don’t have diabetes, I am now impaired as a result what should I do

I did not have diabetes and am no medication except a water pill today , as a result of the medication my skin lifted off my body and my internal fluids leaked out. I had to be hospitalized and re-learn to walk and have lost my professional career

Dan Rowan Cortright
Dan Rowan Cortright
answered on Sep 19, 2022

You should contact a personal injury/medical malpractice attorney right away. You only have 1 year after the malpractice to file a claim/lawsuit against the doctor.

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2 Answers | Asked in Landlord - Tenant, Personal Injury and Products Liability for California on
Q: Hello, I have a property that I am renting out for a event. Need help with a release of liability form.

I want to make sure that I the owner is release of liability. Right now the way it is written doesn't seem to include me or my name.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 15, 2022

You do not want to 'talk' to strange lawyers on the net. Have your attorney re-do what s/he did to get it right.

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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Car Accidents for California on
Q: According to car rent agreement (CA), I am responsible for damage, but not collision?

I am responsible for damage that occurred after I returned a rental car outside of business hours (yes, I had permission to return after hours), according to the California car rental agreement. There was no damage to the car when I returned it. According to CA Code, Civil Code - CIV § 1939.09,... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 14, 2022

as is the case with most legal questions, there is a need to learn more.

the contract should control........did you get permission to drop off after hours?

the challenge is that retaining a lawyer may be as costly as the PD.

2 Answers | Asked in Criminal Law and Products Liability for California on
Q: I sold a truck on payments now Thay won't pay

We have a signed contract she made 3 of 6 payments sold the truck not telling me an now won't talk or tell me anything

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 4, 2022

You can refuse to give them title to the vehicle.

BUT, as described this is not a criminal matter.

Instead, it's a civil matter, a breach of contract.

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1 Answer | Asked in Products Liability, Civil Rights and Health Care Law for California on
Q: Can someone direct a law firmMedical condition from vaccine deleted records Clinical trial without consent Have prof

Can someone direct me to a law firm Asked about vaccine I received then records got deleted I have prof

I wanted the full name of the vaccine I received

I got letter from my doctor specialist of my condition informing the vaccine I received caused it

Then I wanted to know... View More

Tim Akpinar
Tim Akpinar
answered on May 10, 2022

Only a California attorney could advise under applicable California laws, but your question remains open for four weeks. You ask to be directed to a law firm. This site doesn't operate like an attorney referral service. There are sites out there that do. If you're looking for a law firm,... View More

2 Answers | Asked in Personal Injury, Products Liability, Medical Malpractice and Wrongful Death for California on
Q: Paralyzed by lumbar fusion surgery,aorta cut,renal artery severed,metal cage on iliac artery can kill me any moment hel

DAMAGES TO PATIENT 

1.The surgeon was not prepared for her anatomy and could not individualize approach

2.Patient did not know and was not given informed consent to the procedure or the risk she would incur. ... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 24, 2022

CONTACT A MED MALPRACTICE LAWYER ASAP...

LET HIM OR HER SPEND THEIR TIME GATHERING THE EVIDENCE TO WHICH YOU ALLUDE.

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