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California Products Liability Questions & Answers
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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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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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 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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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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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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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

1 Answer | Asked in Legal Malpractice and Products Liability for California on
Q: Do i have a legal malpractice case or a product liability cade?

I fell from a ladder at work, I believed the ladder to be defective due to the way it sprung and tipped over so easy. I hires an attorney and filed a comp claim. I was told by my attorney not to worry about the ladder right now lets focus on the comp case. I need neck surgery which I still have not... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

It certainly sounds like you may have a malpractice case against your former attorney for blowing the product liability

statute of limitations, but if the statute has run on the defective ladder case you will not be able to sue the manufacturer/distributor/retailer for the defect.

4 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: If I am pending a litigation case what is the best thing to do
James A Morris Jr.
James A Morris Jr.
answered on Mar 11, 2022

Hire a lawyer experienced in the subject matter of the claim. If it is a bad medical device or pharmaceutical product, hire an experienced and knowledgeable products liability attorney. If it is an auto accident, hire an auto accident lawyer. Regardless, always ask the attorney, when was the last... View More

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1 Answer | Asked in Products Liability for California on
Q: how to consolidate a federal court case with a state county court case in CA?

which court is it to file a motion to consolidate a federal court case with a state county court case in CA?

are both cases after combined to be transferred to one court only?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 5, 2022

The consolidation motion will most likely need to be filed in federal court if the reason for federal jurisdiction still exists (e.g. diversity of citizenship of the parties) after the consolidation. Except in certain circumstances, state courts do not generally have jurisdiction over out-of-state... View More

3 Answers | Asked in Personal Injury and Products Liability for California on
Q: Seeking lawyer for finger(s) amputation by Hobart Meat Saw in Tulare County, California. Any direction, please?

Lawsuit just filed. I am Plaintiff's lawyer, but that is not my area of expertise.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 17, 2022

Plenty of folks out there to handle such claims.

You should reach out to a few. This site does

not recommend attys nor does it allow same.

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1 Answer | Asked in Products Liability and Lemon Law for California on
Q: 2011 Hyundai Sonata engine blew with only 72,000 miles from Carvana.

I'm asking this on behalf of my younger cousin. She baught a 2011 Hyundai Sonata with only 72,000 miles from Carvana in May of 2021. Last week the engine blew out. Got it back from the mechanic yesterday and it will be $7000 to fix. The car was sold to her for $10,000 but she ended up with a... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 17, 2022

you cousin needs to call and consult with an attorney than handles dealership fraud cases. these cases are very fact and document specific and until an attorney does a full review, it will be very difficult to give your cousin any legal advice.

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: Daughter is a paraplegic & purchased a glide n go. She has been injured and burned. How to get help, $ back & return it?

The steel seat has fallen on her shoulder and head multiple times. It is not level, but sits at an angle more like a slide than horizontal. Seat has gotten so hot it has given her 3 degree burns on her buttocks she has been doctoring for 9 months. The support arm fell off and someone caught her... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 16, 2022

she needs to call and consult with an attorney that does product liability/ personal injury.

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3 Answers | Asked in Civil Rights, Personal Injury, Products Liability and Civil Litigation for California on
Q: Can I personally sue for conversion civil case?

I have company and my company has car and title with its name. I have also lease agreement where my company lease that car to me. The car was stolen and then recovered. Can I sue person who stole that car in civil court for conversion? Or it should be my company?

Dale S. Gribow
Dale S. Gribow
answered on Feb 11, 2022

MORE INFO WOULD BE HELPFUL

WHY NOT SUE UNDER BOTH NAMES.

HOWEVER, YOU SHOULD BE ADVISED A LAWYER WOULD NORMALLY ONLY TAKE A CASE LIKE THIS ON AN HOURLY.......AND NOT A CONTINGENCY.

YOU CAN ALWAYS SUE ANYONE FOR ANYTHING......THE ISSUE IS MORE, WILL YOU WIN AND CAN YOU AFFORD A LAWYER.

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1 Answer | Asked in Products Liability for California on
Q: Do I have a case to sue the company?

My mom choked and almosg died from trying to swallow a pill that was large and meant to be dissolved in water. There was no choking warning anywhere on the packaging and the directions only say to dissolve in water.

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2022

A California attorney could answer best, but your question remains open for three weeks. I'm sorry for your mother's choking incident with the pill. Law firms could be reluctant to accept such a case because the element of damages does not appear to be something of a long-term or... View More

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