Ask a Question

Get free answers to your Products Liability legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Products Liability Questions & Answers
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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn 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

View More Answers

4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2024

Under California law, if you believe you have a medical malpractice case, it is important to seek legal assistance. In such cases, a lawyer can help you understand your rights and the potential for a lawsuit. Medical malpractice generally involves a healthcare provider's failure to exercise... View More

View More Answers

4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 18, 2024

Sorry this happened to you. There are a host of possibilities for counsel including some here who could either take the case or refer it out to the best fit for you. As noted, you may also have some claims you are not even aware of, so talk to one or more attorneys asap, and/or seek... View More

View More Answers

2 Answers | Asked in Products Liability, Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Which Medicare regulations impose legal liabilities?

Which Medicare regulations impose legal liabilities on Hospital and doctors, other then FCA and Stark law?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 6, 2024

Under Medicare regulations, several laws impose legal liabilities on hospitals and doctors in California, besides the False Claims Act (FCA) and Stark Law.

The Anti-Kickback Statute (AKS) is crucial. It prohibits offering, paying, soliciting, or receiving anything of value to induce or...
View More

View More Answers

1 Answer | Asked in Personal Injury, Products Liability, Elder Law and Medical Malpractice for California on
Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor

Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2023

In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More

Q: Federal case filing and serving question

Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER?

Is it the same that conformed copy?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons.

It's important to note that the...
View More

2 Answers | Asked in Contracts, Personal Injury and Products Liability for California on
Q: Does a new discovery subpoena have to be issued after an amended complaint is filed?

In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2023

In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still... View More

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for California on
Q: Can parties file replies to responses to objections to R&R in federal lawsuits?

After a magistrate judge issues their Report & Recommendations, my understanding is each party has 14 days to file objections. Can: (a) parties file responses to the other party's objections and, if so, how long do they have, (b) parties file replies to the responses to the other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2023

In the federal court system, after a magistrate judge issues a Report & Recommendations (R&R), parties typically have 14 days to file objections. (a) Parties can file responses to the other party's objections, usually within 14 days after being served with the objections. (b) The... View More

2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2023

Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles,... View More

View More Answers

2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
View More

View More Answers

2 Answers | Asked in Products Liability and Personal Injury for California on
Q: Can I file a lawsuit against a product that generates more than 1500 Microtesla?

I have been experiencing severe and persistent pain in specific parts of my body, which I noticed is linked to a product I've been using. This product emits electromagnetic fields (EMF) exceeding 1500 microteslas (µT). I am concerned about the potential health effects of this exposure and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023

In California, if you believe a product has caused you harm, you may have a potential claim under product liability law. Product liability claims can be based on design defects, manufacturing defects, or a failure to provide adequate warnings. If you can establish that the EMF emissions from the... View More

View More Answers

3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

I'm sorry about your daughter's injury. You could consider trying to arrange a free initial consult with attorneys to discuss this in more detail. If you have a jurisdictional basis to pursue the matter in federal court, possible venues could be based on domicile of defendant (with... View More

View More Answers

3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More

View More Answers

3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

It could depend on what the delays are caused by. There are some things within the control of an attorney (placing matter into suit if an impasse has been reached in negotiation efforts) and some things not within the control of your attorney (awaiting conclusion of claimant's treatment).... View More

View More Answers

3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

William John Light
William John Light
answered on Aug 11, 2023

Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More

View More Answers

4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

James Otto Heiting
PREMIUM
James Otto Heiting
answered on Jun 22, 2023

Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.

View More Answers

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.