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California Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Dec 12, 2019

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

2 Answers | Asked in Products Liability for California on
Q: I'm an industrial designer, I created an espresso machine. Where do I start to approve it legally for sale?

I am currently choosing a path for the final architecture and assembly of the espresso machine design. I want to know more about the hoops that are required to approve such a product for sale. The pain points likely coming down to electrical components (outlet, power switch, heating element,... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

It doesn't seem likely that a product liability attorney (the category where this is posted) would be equipped to address the issues you raise. They are more regulatory, administrative, and commercial in nature, while product liability attorneys deal more with tort law, essentially injuries... Read more »

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2 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for California on
Q: Do hotels have to follow certain level certain guidelines How they handle big emergencies? I feel i am being wronged.

I just cant get up and leave so easily. I've been at hotel for a year. I have a few things in my hotel room that will take me several trips to relocate. Its not just my luggage and lets go. Hotel knows my bathroom been leaking and their maintenace guy quit they barely got a new guy. Now the pipe... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2019

much more info needed.

is there some kind of lease?

if you feel you have been wronged consider small claims where you can sue for up to $10k.

this may be more of a policy issue than legal.

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I got sick from a vaping cartridge that I was told cannot be fake because it came perfectly packaged. today I found

on an online search their packaging for sale along with brand new unfilled cartridges. did they make me sick or did they sell their packaging on the black market? i suspect a supply chain insecurity.

My Question is are they liable?

William John Light
William John Light answered on Sep 11, 2019

Unclear why you think that product was counterfeit. Plenty of people get sick from genuine vaping products.

As to whether they are liable, who is "they" and liable for what? You don't state what your injury is, whether you needed medical attention, or will continue to need medical...
Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on
Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene
Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case ask them... Read more »

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1 Answer | Asked in Products Liability and Copyright for California on
Q: Can I use online-posted scientific research in support of my new product sales?

Can I post other's online pictures and text from their scientific experiments to help sell my new products?

Robert Philip Cogan
Robert Philip Cogan answered on Jul 18, 2019

This is an open-ended question. In many cases using ideas from other publications is not copyright infringement. Using pictures and quotes could be. An interesting concept is that of getting permission from the author. This is not always difficult or expensive. Consulting an attorney could be a... Read more »

1 Answer | Asked in Products Liability and Business Law for California on
Q: Good Afternoon, I've had a solar system on my house for approximately 4 years that is not functioning due rain damage.

I have had the system for approx 4 years. This will be the second time the inverter and control panel has filled with rain water and failed. I have been trying to get it fixed for the last 3 months. The company we lease the system from finally (after 2 months) sent out a service person. I am told,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 10, 2019

Your question remains open for four weeks, maybe because it was overlooked in the Product Liability heading. A California attorney would be in the best position to identify the consumer law elements under which you could pursue your remedies. A California attorney could help determine the most... Read more »

2 Answers | Asked in Business Formation, Business Law and Products Liability for California on
Q: If a dealership forgets to charge your down payment and you signed the contract already do you need to pay them?

I recently got a car and was putting down $2,000 as down payment but the dealership forgot to charge me the down payment but instead charged me everything else for the car. We signed the contracts already and everything was a done deal. Do I need to go back and give them the money they forgot to... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 2, 2019

If you agreed to pay the money but they made a mistake, you should not, morally or legally try to avoid paying what you've agreed to pay. You'd be just like a car dealer then...

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2 Answers | Asked in Criminal Law, Products Liability and Admiralty / Maritime for California on
Q: Is there a way my boyfriend can ask to be seen by a judge to lower the bail(which is extremely excessive for his crime)

I heard that there is. Way that you can be seen by the majestrate within 12 hours of arrest to re evalute the bond and bail out with cash. He is homeless. So one hundred thousand dollars is quite excessive for stealing water and fruit to survive

Dale S. Gribow
Dale S. Gribow answered on Apr 16, 2019

more info needed.

you need to retain a private lawyer or request a public defender.

move to put the matter On Calendar for a bail motion.

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3 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Small Claims for California on
Q: What options would I have if a defective TV stand broke my TV and other expensive electronics?

What options would I have if I purchased a TV stand (online, but live in California [if it makes a difference]), assembled it exactly according to the manual, and without any external force/stimulus (earthquake, draft, etc.), the TV stand broke (wooden legs collapsed/broke, or glass tabletop... Read more »

William John Light
William John Light answered on Mar 25, 2019

To be honest, it seems pretty unlikely that every single piece of electronics was damaged so severely that they are all inoperable. Moreover, your stated value of the router is about $40 too high. Similar exaggerations for the value of the other equipment will be devastating to your credibility.... Read more »

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3 Answers | Asked in Personal Injury and Products Liability for California on
Q: Can you help me find a law firm that is taking cases regarding Dow Chemical & Mentor Breast Implants & Illness. Melanie
Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 13, 2019

Sorry for your issues. Here's my Google on it. Plenty of options there:... Read more »

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4 Answers | Asked in Personal Injury and Products Liability for California on
Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

Scott Richard Kaufman
Scott Richard Kaufman answered on Mar 12, 2019

Depends on the language in the agreement. More likely the thing to do is to "enforce" the agreement. See an attorney in person with documents for more direction...

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for California on
Q: If my car gets broken into and my friends laptop gets stolen who is responsible for replacing it?

We were both eating at a restaurant at the time of theft. He left his bag in the backseat. The doors were locked and windows rolled up so no negligence on my part. Who would be responsible? Him? Me? Or both?

Dale S. Gribow
Dale S. Gribow answered on Feb 26, 2019

more info needed.

with the little shared it seems it would be his loss as you allegedly did nothing wrong......though auto ins might cover it.

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3 Answers | Asked in Personal Injury, Products Liability and Landlord - Tenant for California on
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

by harsh cleaning chemicals. My apartment complex is currently using a Fabulso, which contains sulphuric acid and perfumes that give me a chain reactionof symtoms that take days to clear up. I have to take prescription meds and injections in the e.r. to get it under control. Ive requested a... Read more »

William John Light
William John Light answered on Feb 14, 2019

File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

How do I protect my idea for a website/app? I don’t want to disclose too much about it—that’s the reason for my asking in the first place—I don’t want a copycat with more resources/startup money than me to steal my idea & make a fortune off of my concept.

The idea, without... Read more »

Frank Huerta Jr
Frank Huerta Jr answered on Feb 11, 2019

I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

2 Answers | Asked in Products Liability for California on
Q: Hi, I am a plaintiff in the current Abilify MDL case My gambling financial loss was over $300,000.00

Is it possible to acertain a ballpark settlement amount from my law firm, is it appropriate to ask them?

Scott Richard Kaufman
Scott Richard Kaufman answered on Feb 8, 2019

Ethical rules should prevent them from predicting or promising any particular result.

They could however share settlement strategies and demands with you upon request.

They MUST share any/all offers with you as well.

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1 Answer | Asked in Products Liability, Lemon Law and Small Claims for California on
Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.

There is a special service bulletin (15682) that covers this repair for free if the car is less than 10 years old. I bought the car a year ago, and only learned of this bulletin after my car was no longer covered. GM also has another service bulletin out for other model cars (12191) that covers... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 14, 2019

Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.

Failing this, take ALL of your evidence to small claims court and sue GM for the cost

of the repair.

2 Answers | Asked in Animal / Dog Law, Criminal Law and Products Liability for California on
Q: This guy dognapped my dog and threatened me he was going to kill her if I don't give him a bike back. Accused of stealin
Dale S. Gribow
Dale S. Gribow answered on Dec 31, 2018

much more info needed.

how old are you?

were you arrested?

for what?

did you take someone else's bike?

if not it would appear at first blush the other party should be arrested.

hire a local attorney or ask the court to appoint one for you.

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: Is it true that I might not be able to get my medical bills paid if I misused a defective power tool that injures me?

That's what the maker is claiming.

Jonathan S. Dennis
Jonathan S. Dennis answered on Dec 18, 2018

Generally speaking, misuse is a complete defense to a claim for strict product liability so long as the misuse was not foreseeable by the manufacturer. That said, I suggest speaking with an attorney that practices Product Liability since the facts of your particular injury may lead to liability... Read more »

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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on
Q: How can I sue Apple for deceptive laptop diagnostic?

I was wondering if your firm is open this case. I recently purchased a Macbook pro and it was damaged on arrival. I took it back to the store and the genius bar said that it was water damaged therefor they cannot exchange or return it for me. I was really frustrated because this is a brand new... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 27, 2018

small claims would be perfect for you if your claim is less than $10,000.

first, send a self-serving letter to whoever you are going to sue setting forth the facts and making a demand.

when they do not respond include the letter with the complaint to show the court you did not want...
Read more »

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