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California Products Liability Questions & Answers
4 Answers | Asked in Products Liability, Wrongful Death and Personal Injury for California on
Q: Husband passed due to insulin pump malfunction; next legal steps?

In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 11, 2025

So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More

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2 Answers | Asked in Consumer Law, Products Liability and Personal Injury for California on
Q: I found prescription pills in a Nature Made product bottle; took one and had an allergic reaction. Do I have a case?

I purchased Nature Made Magnesium 400mg Soft Gels on February 10, 2025. Inside the bottle, I found white-coated prescription pills of various shapes, sizes, and numbers. Mistaking them for a reformulated product, I took one pill and broke out in hives, which subsided after an hour with Benadryl.... View More

Robert Kane
Robert Kane
answered on Apr 7, 2025

You didn't mention the medical treatment you have received because of your concerns about the potential risks of having unknowingly ingested an unknown medication.

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2 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: Complications after knee replacement surgery and potential legal options.

I had a total knee replacement surgery on February 26, 2024, which has resulted in several complications, including numbness, swelling, clicking, buckling, and burning sensations. I've undergone three aspirations and nerve condition tests. My gait is off, affecting my lower back, and I'm... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 2, 2025

It could be a malpractice or product defect case.

Consult with experienced malpractice attorneys right away as there are strict lawsuit filing deadlines.

In your case, a medical malpractice attorney will review your facts to determine if it is likely the doctor acted below the...
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1 Answer | Asked in Products Liability and Consumer Law for California on
Q: Malfunctioning Eagle torch lighters: reporting and legal action options.

I discovered that Eagle torch lighters seem to malfunction, either failing to light or catching fire after a few uses. I've tested multiple lighters and found consistent issues with the hoses or spark mechanism. I haven't sustained injuries yet, but I'm concerned about safety and... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your concerns about the Eagle torch lighters are valid, and you should report this potentially dangerous product right away. You can file a complaint with the Consumer Product Safety Commission (CPSC) through their SaferProducts.gov website or hotline at 800-638-2772. In California, you should also... View More

2 Answers | Asked in Products Liability and Civil Rights for California on
Q: I am seeking legal representation for a possible assault and battery case or possible civil rights violation.

On, 14 Nov 2024, security guard at a local Vons grocery store approached me from behind and forcefully snatched a hand held grocery cart, containing groceries I’d purchased, from my hand in the store parking lot. When I felt pressure on the cart, I gripped it tighter, so when he ripped it from my... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 14, 2025

Not sure what your question is? Why did they do this? Were they correct in stopping you?

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1 Answer | Asked in Civil Litigation, Personal Injury and Products Liability for California on
Q: Can my daughter be compensated for birth defects linked to Metabolife in 1995?

In 1995, I took Metabolife, which I recently learned might cause birth defects due to excessive Vitamin A. My daughter was born with a cleft lip, a skin disorder, epilepsy, and scoliosis, and I suspect these issues might be connected. I stopped taking it once I found out I was pregnant, but it had... View More

James L. Arrasmith
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answered on Mar 5, 2025

In California, product liability claims typically have a two-year statute of limitations, which would ordinarily be a significant hurdle for a case involving events from 1995. However, California does recognize the "discovery rule," which means the clock might only start when you... View More

2 Answers | Asked in Contracts, Civil Litigation and Products Liability for California on
Q: How can investors sue for promised returns from an invention in California?

I am one of three investors in a product that was developed by an inventor who promised us 5% of the invention and returns. Despite having a written agreement, we have not received any part of the promised returns or ownership. The product is now selling on the market. How can we take legal action... View More

James A Morris Jr.
James A Morris Jr.
answered on Mar 4, 2025

This should be a fairly straightforward breach of contract claim. Without seeing your contract and having more information it is difficult to determine what other claims you may have, but that is a start. In the law, words and agreements mean things, so please seek out a business lawyer to assist... View More

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2 Answers | Asked in Civil Litigation and Products Liability for California on
Q: How to find out if compensation was received for ice cream glass incident 30 years ago?

I'm trying to find out if my brother or sister-in-law received any compensation for an incident that happened around 30 years ago at a Thrifty store in Madera, California. At the time, I was about 13 years old and found a piece of glass in my chocolate chip ice cream, which resulted in a... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 7, 2025

Anythinng IN THE COURTS would be under a minor's compromise. You can look up court cases under your name? Anything NOT in the courts will be almost surely an amount not worth the time/effort. What did your brother and/or his wife say about it?

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Products Liability for California on
Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More

Robert Kane
Robert Kane
answered on Feb 14, 2025

If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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1 Answer | Asked in Products Liability and Civil Rights for California on
Q: What can I do if my ex throws me out doesn’t give me all my things and they sell it
James L. Arrasmith
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answered on Jan 26, 2025

If your ex has thrown you out, refused to return your belongings, and sold your items, you have legal options to address the situation. First, document everything. Make a detailed list of the items they kept or sold, any communication between you about the belongings, and any witnesses who can... View More

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I had an eye exam and then ordered glasses. I couldn't see out of them & told her immediately. What recourse do I have?

She told me to try them for a while to adjust. That didn't work. Then she kept stringing me along for 8 months. She took them back finally and then said that the lab made an error. Then said that the lab didn't make an error. At that point I went to another doctor and had an exam and had... View More

James L. Arrasmith
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answered on Jan 22, 2025

You have multiple valid grounds for seeking a refund, given the concerning pattern of behavior and substandard care you've received. The mobile locations without proper equipment, incorrect medical claims about glaucoma, and failure to properly address your vision issues all point to... View More

2 Answers | Asked in Products Liability, Contracts and Civil Litigation for California on
Q: I cosigned a vehicle for my Brother, he defaulted, and vehicle registration is past due. What can I do? Please help!

I would like to take possession of the vehicle.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 15, 2025

if those payments are not made, you have nothing to take possession of, the seller / lender will come get it and then auction it off and then sue YOU for the balance. So, go talk to your brother, get it paid up to date and sell it? But, do not leave him with it unpaid, it WILL be gonezo...

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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: Is it illegal to drop mail off that wasn't mine in a drop box after the post office gave it to me?

I put my mail on hold from my former address and when I did that it held everyone's mail from that address. When I picked up my mail the post office gave me everyone's mail from that address. I proceeded to take the mail to my car and got my mail out of all the mail. Then dropped off the... View More

James L. Arrasmith
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answered on Jan 7, 2025

Your situation involves several important legal considerations regarding mail handling. The Postal Service made an error by giving you mail that wasn't yours, but once you realized this, you did the right thing by attempting to return it through proper channels.

The act of dropping...
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1 Answer | Asked in Contracts and Products Liability for California on
Q: If I rented a car and some one stole it what will happen to me since the car is under my name.. ?

They are trying to charge me with VC10855 embezzlement

James L. Arrasmith
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answered on Dec 25, 2024

If someone stole a rental car that was in your name, you need to take immediate action to protect yourself. File a police report right away and contact the rental car company to report the theft. Make sure to document all communications and get copies of the reports.

Vehicle Code 10855 is a...
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1 Answer | Asked in Libel & Slander and Products Liability for California on
Q: Hello, Do you assist with wrongful vehicle repossession cases?

I signed up for a payment deferral in September that was set to begin in December (14th). I signed up for this deferral while I was awaiting a supervisor review of my account for customer service and payment issues. I was contacted in November about account delinquency when that should have not... View More

James L. Arrasmith
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answered on Dec 14, 2024

Your situation with Hyundai Motor Finance sounds frustrating and potentially unlawful, especially given the signed deferral agreement and lack of proper notice before repossession.

You have several potential legal options to address this wrongful repossession. Consider filing a complaint...
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1 Answer | Asked in Products Liability for California on
Q: One of my customers has it's products in my warehouse but stopped paying it's storage fees, what lawyer should i hire?

if you are bilingual in Spanish that will help me more.

James L. Arrasmith
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answered on Dec 11, 2024

You'll want to find a business litigation or commercial law attorney who handles contract disputes and warehouse liens in California. The California Commercial Code provides specific rights for warehouse operators dealing with unpaid storage fees.

For your situation in Rancho...
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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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1 Answer | Asked in Criminal Law, Products Liability, Civil Rights and Gov & Administrative Law for California on
Q: How do you take the USPS to court?

Our service with the USPS for the past 20 years has been great. We loved our carrier Ken. He retired 2 years ago and the new carrier delivered our mail and she was scared of our dog. She stopped delivering our mail. We drove the dog to Washington state to our daughter so as to fix the problem. This... View More

James L. Arrasmith
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answered on Nov 22, 2024

First, you should file an official complaint with the USPS through their website (usps.com/help/contact-us.htm) and document all instances of mail non-delivery and returns, including dates, times, and any communication with postal staff. You'll also need to contact the USPS Consumer Advocate... View More

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