Get free answers to your Products Liability legal questions from lawyers in your area.
I recently went for fire cupping and ended up with second degree burns. Clusters of blisters and some of my skin was completely ripped off. She told me it was just because my skin was sensitive, and that it wasn't a big deal and that no treatment was needed. After feeling severe discomfort I... View More
answered on Sep 30, 2024
It sounds like you have a claim. Take pictures of your injuries as they heal and scar (if they do), follow up with dermatology appointments. If an accupuncturist's office performed the cupping, you should make a complaint with the Accunpuncturist Board... View More
With all understanding, that
written depositions of non-party under subpoena do not require appearance, testimony, cross-examination instead of straight forward answers during discovery, and this disliked by typical experiences attorneys;
What is specific statute that prohibits... View More
answered on Sep 27, 2024
In California, written depositions, also known as depositions upon written questions, are allowed under the Code of Civil Procedure (CCP §2028). However, they are rarely used, particularly for non-party witnesses, because they do not allow for follow-up or clarifying questions that arise during... View More
The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.
answered on Sep 17, 2024
If a company makes an agreement or offer to you in an email for a specific product, they may be obligated to honor what it says, especially if the terms are clear and specific. In California, contracts can be formed through email communications, and if the email contains all essential terms and you... View More
Not producing power, can't get a human on the phone, text with troubleshooting "agent" gets cut off, can not make a service appointment even on-line. Nothing but frustrations. Their inferior products (panels and inverter) have both failed within the first couple years and have been... View More
answered on Sep 12, 2024
It sounds like you're dealing with a lot of frustration and potentially defective solar products. If your solar panels and inverter have failed multiple times within just a few years, you may have grounds for a case under California's consumer protection laws. These laws generally cover... View More
For example, would I be able to create a brand that uses colognes/perfumes as a smell in a candle? Would it likewise be infringing if I indicated the name of the fragrance used to make that candle on a website or in promotional material?
Another example would be using a fruit juice brand as... View More
answered on Sep 11, 2024
Using a fragrance or flavor from another company to create a new product can lead to legal issues, particularly concerning trademark and copyright infringement. When you use a specific fragrance or flavor that another company has created, you may be violating their intellectual property rights if... View More
The guarantee states that if we are unhappy with their service, which we had to call 4 times in less than 1 yr pd for the unit not cooling, that we can ask for our money back. We are concerned they will not agree because they have another "fix" to the solution. But there is a concern to... View More
answered on Sep 8, 2024
If the HVAC company offered a two-year money-back guarantee and you are dissatisfied with their service, you may have grounds to make a claim. Since you’ve called multiple times for the same issue and the unit still isn’t functioning as expected, it seems they haven’t fulfilled their promise... View More
Purchased a specialized shampoo recommended by a hair expert to address hair loss and maintain scalp health. Unfortunately, during a routine shower, the shampoo bottle slipped from my grasp, causing the cap to break off. To my dismay, I discovered mold growth underneath the cap. Instead of... View More
answered on Sep 1, 2024
You may have grounds to take legal action against the shampoo company, Dr. Forhair, if you can prove that their product was falsely advertised or defective. In your case, the mold growth under the cap and the worsening of your hair loss could be considered evidence of a defect or misrepresentation.... View More
In August 2023, I took my Hyundai Sonata in for repairs that would have been covered in full due to a class action suit. My car caught on flames in Hyundai's lot and was rendered in-operable. It has been a full year of back and forths and the third party claims rep told me I would receive a... View More
answered on Aug 11, 2024
Yes, you can take Hyundai to small claims court in Los Angeles. In small claims court, you can seek damages for issues like the inconvenience and financial hardship you've experienced due to the lack of transportation. Given that you've been without a vehicle for several months and your... View More
I'm looking to sue Ulta Beauty for their failure to protect their consumer's information and failure to protect Ulta's member reward program. Someone hacked into my account and used $155 worth of points To buy a cologne. I changed my password right away and contacted the store and... View More
answered on Jul 28, 2024
Under California law, you may have grounds to sue Ulta Beauty for their failure to protect your consumer information and member rewards points. California’s Consumer Privacy Act (CCPA) provides consumers with the right to sue companies that fail to protect their personal information adequately.... View More
answered on Jul 18, 2024
If a car dealership has failed to register your vehicle within 90 days, you have several options to address the issue. First, gather all relevant documents, including your purchase agreement, any correspondence with the dealership, and any receipts or proof of payments made for registration fees.... View More
The bags are for noise and dust reduction but Managers are inconsistent with keeping up to changing out the bags so the just leave them off the sanders which in a 12hr shifts when there is an 4 to 8 hour max exposure time we where in the same place way too long with high of an exposure to that... View More
answered on Jul 18, 2024
Exposure to crystalline silica dust can be very harmful, especially when inhaled over long periods, such as in your work situation with vacuum sanders lacking dust bags. Inhaling silica dust can cause serious health issues, including silicosis, lung cancer, and other respiratory problems.... View More
answered on Jun 21, 2024
To answer this question thoroughly, we need to consider several legal and ethical aspects:
1. Intellectual property:
- Even if the product is not an exact copy, it may still infringe on design patents or trade dress if it's too similar to an existing product.
-... View More
expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.
answered on Jun 19, 2024
I understand your frustration with this situation. Here are a few steps you can take to try to get a refund from Amazon, even though the return window has expired:
1. Contact Amazon customer service directly and explain the situation. Emphasize that you were not notified about the product... View More
Shall request to produce privilege log, in respect to any privileges, including 1157, attorney-client, work product privilege, etc. be a production demand?
Should demand list specific privileges, or be generic?
answered on Jun 13, 2024
Under California law, a demand to create a privilege log should generally be included as part of a request for production of documents. This demand is typically made in conjunction with document requests to ensure that any withheld documents on the basis of privilege are properly identified and... View More
6 hr surgery left me limited on my functioning skills sometimes I shake my nervous system took a shock that affected whole body.7+ years of severe and chronic tesicular and abdominal pain I suffered from the error of the surgery team improperly implanting the devise in me and the mesh separated and... View More
answered on May 19, 2024
I'm so sorry to hear about the severe complications and chronic pain you've suffered as a result of the improperly implanted surgical mesh. What you've gone through sounds absolutely awful. Based on the details you provided, it seems you may have grounds for a medical malpractice... View More
I have AN ABUNDANCE OF EVIDENCE PROVING those "social gaming sites" are CHEATING!!! LITERALLY TAKING YOUR MONEY W/OUT MOST PEOPLE EVEN REALIZING IT!! & I CAN PROVE IT WITH SCREEN SHOTS & EMAILS!! I have DOCUMENTED PROOF of them taking money out of my balance illegally during my... View More
answered on May 13, 2024
The operation of online gambling sites is heavily regulated. If a platform offers the ability to deposit funds, play games, and then withdraw cash without participating in what legally qualifies as a "sweepstakes" or "prize" system, it might indeed be violating state laws.... View More
With injury to someone the lighter was at fault can I hold the maker of the lighter responsible
answered on Apr 26, 2024
In a product liability case like this, there are a few key factors to consider under California law:
1. Defective design or manufacturing: You would need to show that the lighter was defectively designed or manufactured in a way that allowed it to stay lit even when the button was released... View More
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
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
I have been wearing her extinctions for 20 years. I've never had any problems. And I purchased this product and put it in my hair. The result was Ed extreme rash. And hair loss, I'm afraid I'm going to have to shave my hair to get these out. Because I cannot still with t. Reaction... View More
answered on Mar 5, 2024
Under California law, if you've suffered harm from a product, such as the rash, burns, and hair loss you've described from using hair extensions, you may have grounds to sue for damages. This could involve a product liability claim, where you allege that the product was defective or... View More
I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More
answered on Jan 22, 2024
Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.