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California Products Liability Questions & Answers
1 Answer | Asked in Car Accidents, Libel & Slander and Products Liability for California on
Q: Rebar of vehicle bent but the airbags didn’t deploy. Do I have a possible case since airbags should’ve deployed?
Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2021

more info is needed.

airbags don't deploy in every accident..........usually only rear enders and not T Bones.

suing the car manufacturer or the company that made the bags is a VERY expensive proposition. Unless there was a big upside, a lawyer will not invest their money on a...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Lemon Law for California on
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai

Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be... Read more »

Leon Bayer
Leon Bayer answered on Oct 22, 2021

It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know.

I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own...
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1 Answer | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: Can I patient the corn burrito in it’s original place it was invented in ventura ca

Ventura California

Home of the corn burrito per Wikipedia

Peter D. Mlynek
Peter D. Mlynek answered on Oct 11, 2021

No.

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: Would it be a conflict of interest if the Insured does it's own inspection of it's own product/packaging?

I'm a third party claimant in a Product Liability claim. My claim is not based on the product but the packaging of the product. My first email response from the insured was that they were going to reach out to their supplier to have the problem fixed. The Insured sent the claim over to his... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 10, 2021

A California attorney could advise best, but your post remains open for a week. On my own cases, I generally request independent verification, testing, or inspection of important elements of a case. You could review the file with an attorney to identify your options, and whether litigation or... Read more »

1 Answer | Asked in Products Liability for California on
Q: Product Liability question.

I've been going through the claims process for a product liability claim. The problem is not the product but the packaging the product came in. The Claims Adjuster had me send the product back to the insured for them to investigate. Wouldn't the Claims Adjuster do this? My claim was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 4, 2021

A California attorney could advise best, but your question remains open for three weeks. One could only guess why the adjuster had you send the product back to the insured. Some additional details would be helpful to assess the claim, in terms of the type of defect, injuries, and other factors. You... Read more »

1 Answer | Asked in Products Liability and Consumer Law for California on
Q: Can I back out of purchasing a car

I signed all contract paperwork for a vehicle at a dealership, I haven't signed the loan check yet to give to them yet though. They said I could pick the car up after they repaired it due to recalls. This was a few days ago and I haven't heard anything back, they gave me a rental for the... Read more »

Jonathon Maddox
Jonathon Maddox answered on Sep 21, 2021

As this question was written 6 days ago, I'm hoping this has been resolved by now. But short answer is, yes you should be able to back out of the deal if you haven't received the car yet. On top of there being some consumer protection laws, that give some room for a buyer to have... Read more »

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for California on
Q: Can I sue my home inspector for failing to mention the electrical panel?

I recently purchase a home and hired a home inspector and had the property inspected and decided to move on with the sale. After living in the property for almost a year I hired an electrician, so I could add an outlet for my TV when the contractor saw my panel he refused to work on my property. He... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

The statute of limitations for negligence is 2 years, breach of contract 4 years, but sometimes different periods apply to certain professionals, such as home inspectors. IMO you need to get your electrical problem solved first, and RETAIN THE OLD PANEL AS EVIDENCE. Take lots of photos showing... Read more »

1 Answer | Asked in Products Liability for California on
Q: Hi there, So I bought a defective oculus quest (product) and returned it to receive a refund. The website says it…

It typically take 8-12 days to receive your replacement. It’s been 27 days yet still no replacement and al I receive is an email telling me it’s going to take “longer than expected”

Thank you!

Maurice Mandel II
Maurice Mandel II answered on Sep 11, 2021

Put a "stop payment" on your credit card, or whatever means you used to pay for this.

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have to serve all copies of court papers through defendants registered agent in California
Theodore Allan Greene
Theodore Allan Greene answered on Sep 1, 2021

You need to serve the initial papers on the registered agent and then what usually happens is they appoint an attorney to handle the matter. From there forward you would serve all your documents on the attorney representing the Corporation or LLC.

1 Answer | Asked in Products Liability for California on
Q: Driving a commercial vehicle as a company driver, medical issue caused me to black out and destroy fence. Still liable?
Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

If you couldn't anticipate the issue you would be covered by the sudden emergency doctrine as you weren't careless. So I don't see it. Normally the truck's insurance would cover it.

1 Answer | Asked in Employment Law, Products Liability, Civil Rights and Small Claims for California on
Q: Can Walmart take your personal belongings that u walked in with and you have proof of purchase bcuz you were trespassing

Do Walmart employees have the right to take/steal your personal belongings that you 100% walked into the store with and that you personally own (and have all of the receipts proving that you have boughten them)...

Just because they said that you were trespassing? 

Just because you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2021

File a claim with Walmart and/or the police.

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: I received sores and hair loss to the date from using these products how do I file a claim?

I even had to go to the dermatologist and get shots in my head over this and I still have the condition to the day

Theodore Allan Greene
Theodore Allan Greene answered on Jul 12, 2021

It is very hard to analyze your case with the little bit of information provided. You should sit down with a personal injury attorney who can get all the information and explain what options are available.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... Read more »

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1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... Read more »

1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
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1 Answer | Asked in Products Liability and Animal / Dog Law for California on
Q: I recently found maggots in my dogs canned food and I was wondering if I can sue
William John Light
William John Light answered on May 19, 2021

1. It's probably rice.

2. Maggots are not harmful to dogs, or even to you. They are just disgusting.

3. Without some significant harm, you don't have a case.

1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for California on
Q: How to get compensated for parked car accident?

Someone hit my roomate's parked vehicle a week ago. The police haven't released the insurance info of the woman who hit her car. They said it will be avail next week. My roomate is not making money for 2nd job because of this incident. She is an Instacart shopper. She plans to rent a very... Read more »

Dale S. Gribow
Dale S. Gribow answered on Apr 17, 2021

SINCE IT WAS A PARKED VEHICLE WITHOUT ANY PERSONAL INJURY, YOU ARE NOT GOING TO GET A LAWYER ON A CONTINGENCY.

IF YOU HIRE A LAWYER IT WILL BE ON AN HOURLY.

WHEN YOU ASCERTAIN INS CO, SEND LETTER MEMORIALIZING WHAT HAPPENED AND THAT BECAUSE OF THIS INCIDENT THE OWNER SUFFERED THE...
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1 Answer | Asked in Products Liability for California on
Q: If a pet food company said their products only sold to North America. Is it illegal if I resale them to other countries?
Tim Akpinar
Tim Akpinar answered on Apr 11, 2021

A California attorney could advise best, but your post remains open for three weeks. It's difficult to say, based on these brief facts. Aside from compliance with trade-related regulations, it could be helpful to know why they do not sell them overseas. Is it because of restrictive agreements... Read more »

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