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California Products Liability Questions & Answers
3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have a lawsuit against this business for burning me?

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

William John Light
William John Light
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

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1 Answer | Asked in Products Liability for California on
Q: Deposition from non-party, written answers sent by mail.

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

James L. Arrasmith
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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

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: If a company makes an agreement or offer to you for a specific product in an email, do they have to honor what it says?

The company now states that thier employee provided the incorrect information and does not want to uphold what the email states.

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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

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Energy, Oil and Gas for California on
Q: Solar installed a couple years ago, have had to replace the Panels, then invert, now out again, do I have a case?

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

James L. Arrasmith
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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

1 Answer | Asked in Products Liability for California on
Q: Can I use a fragrance/flavor from another company to make a product that primarily uses that flavor/smell?

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

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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

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Military Law for California on
Q: Can I make a claim against HVAC company for failure to comply with the 2-yr money back guarantee?

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

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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

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2 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Is it possible to take legal action against the shampoo company, Dr. Forhair for falsely advertising a product

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

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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

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1 Answer | Asked in Products Liability for California on
Q: Can I take Hyundai to court in LA Small Claims?

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

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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

2 Answers | Asked in Products Liability and Identity Theft for California on
Q: I'm looking to sue Ulta Beauty for their failure to protect their consumer's information and member rewards point system

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

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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

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1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: How can i sue a car dealership for not registering my vehicle? Its been almost 90days. Dealership told lies.
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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

Q: crystalline silica dust how harmful is it when its constanlty blowing from Vacuum Sanders with no dust bags

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

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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

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1 Answer | Asked in Intellectual Property and Products Liability for California on
Q: I have a product from Alibaba. Product looks similar but not same and it is unbranded. Is it okay to sell in the US or n
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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.

-...
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2 Answers | Asked in Products Liability, Small Claims and Consumer Law for California on
Q: Made purchase from Amazon and used until received an alert that it was defective to stop use. Won't refund since over

expiration date! Was not notified of problem until AFTER expiration date!!!!!!! How could I respond before?!!!! Just want money refunded into Amazon acct.

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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...
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1 Answer | Asked in Products Liability and Health Care Law for California on
Q: Demand to create privilege log

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?

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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

Q: I just had a mesh removed from my abdominal area wrapped and waded around every organ and nerve in my abdomen.

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

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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

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2 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Gaming for California on
Q: I want to know if there are any attys out there who want to make a ton of money? I want to start a class action lawsuit

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

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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

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3 Answers | Asked in Personal Injury and Products Liability for California on
Q: If a torch lighter stays lit after you release the button and the lock is not on which then catches a bed on fire with i

With injury to someone the lighter was at fault can I hold the maker of the lighter responsible

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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...
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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

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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

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: I purchased a product from timu that caused rush. And Burns on my scalp and hair loss. Can I sue for damages.

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

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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

2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

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

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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

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