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California Products Liability Questions & Answers
5 Answers | Asked in Products Liability and Personal Injury for California on
Q: eBike brake cable exploded due to design flaw, causing crash. Options for liability lawsuit?

About a year ago, in March 2024, I purchased a high-end eBike from Pedal Electric for around $4,000. Recently, in June 2025, the front hydraulic brake cable exploded while I was riding downhill, due to a hidden design flaw. The cable rubs against the tire over time, which isn't visible without... View More

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2025

I'm sorry about your accident, but glad to hear that you were not seriously injured. You could reach out to attorneys to discuss in further detail. Design defect is a recognized basis for actions based on product liability theory. You mention expired warranty. Warranty could be become a... View More

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5 Answers | Asked in Products Liability and Personal Injury for California on
Q: eBike brake cable exploded due to design flaw, causing crash. Options for liability lawsuit?

About a year ago, in March 2024, I purchased a high-end eBike from Pedal Electric for around $4,000. Recently, in June 2025, the front hydraulic brake cable exploded while I was riding downhill, due to a hidden design flaw. The cable rubs against the tire over time, which isn't visible without... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jun 20, 2025

Yes, regardless of the explicit warranty, if the design or product was defective, you may pursue a product defect case. But the major concern is the extent of your damages. If you suffered only minor injuries, it may not be worth an attorney's time/effort to take the case on a contingency... View More

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5 Answers | Asked in Products Liability and Personal Injury for California on
Q: eBike brake cable exploded due to design flaw, causing crash. Options for liability lawsuit?

About a year ago, in March 2024, I purchased a high-end eBike from Pedal Electric for around $4,000. Recently, in June 2025, the front hydraulic brake cable exploded while I was riding downhill, due to a hidden design flaw. The cable rubs against the tire over time, which isn't visible without... View More

William John Light
William John Light
answered on Jun 20, 2025

If you are hurt, attorneys can help you with a lawsuit to recover for your past and future medical expenses, wage loss, and pain and suffering. If your injuries are minor, it sounds like you don't need a personal injury attorney, depending on what you mean by "minor."

You...
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Q: Can I pursue a lawsuit for failed back surgery and faulty device after a 1996 work accident?

I had a slip and fall accident at work in 1996, leading to two back surgeries—a triple fusion, which has now failed. I have a broken titanium screw and another that is partially unscrewed, causing significant pain. Although I previously resolved my workers' compensation claim and sold out... View More

Dennis Dascanio
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answered on May 24, 2025

Dear injured worker,

Thank you for reaching out. Since you previously settled your workers’ compensation claim, that matter is closed and no longer within the scope of workers’ comp benefits. However, if your current issues are due to failed hardware from your 1996 surgery, you may have...
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5 Answers | Asked in Products Liability, Wrongful Death and Personal Injury for California on
Q: Husband passed due to insulin pump malfunction; next legal steps?

In early March, my husband passed away, and I believe it was due to a malfunction of his new insulin pump. The pump kept failing, which may have resulted in incorrect insulin dosing. I reported the issue to the manufacturer and relevant authorities, and I have records of all his calls to the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 11, 2025

So so sorry to hear this. Definitely avoid too much interaction with insurance companies, yours or the hospitals' or doctors' and reach out to speak to counsel asap to best protect any/all claims here. IF the attorney is experienced but not say in this area of law, s/he may have a good... View More

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2 Answers | Asked in Consumer Law, Contracts, Business Law and Products Liability for California on
Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal... View More

Robert Kane
Robert Kane
answered on Feb 14, 2025

If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely.... View More

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3 Answers | Asked in Insurance Bad Faith, Insurance Defense, Products Liability and Small Claims for California on
Q: I am inquiring about an attorney that practices with Insurance for vehicles. Possibly a pro bono or sliding scale

I was involved in an accident last year and I was not at fault. I have a police report and have notified the other party's insurance however they have not been helpful. I have called and left multiple messages but it's almost a year and I have not received no call in return. Since the... View More

William John Light
William John Light
answered on Jan 26, 2025

The insurance company for the other driver owes you nothing until you get a judgment against its insured. If your car was damaged, get estimates for repair and for rental car during the period of repair. You can also contact a car appraiser to get an estimate of the diminution in value to the the... View More

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4 Answers | Asked in Consumer Law, Products Liability, Civil Litigation and Personal Injury for California on
Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

My father and I first time using one opened in car and came subject to tons of unknown spores. I went to hospital that night I couldn't breathe. Next day called store manager told me he would call me on 10 mins after fetching from return box. I didn't get a call for 7 hours and was... View More

William John Light
William John Light
answered on Dec 5, 2024

Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on... View More

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4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Civil Rights for California on
Q: does anyone know of a contingency lawyer

i took my car to quick quack car wash and it damaged my license plate i was then given a business card to go somewhere to have it fixed which then the worker there added additional damage to my fenderliner and he said he may have done the damage but didnt want to fix it is there any lawyer that can... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 4, 2024

When your case is worth $2million, there are lots of contingency lawyers for you, but when your case is worth less than $2000 there are usually none. This is because many Attorneys charge more than $500 per hour and your case will take several hours to resolve. But, there is hope for you, it is... View More

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I went oil change and they drained my oil and did not replace it with new oil motor is shot car dead.

I went to national oil change 15min service and they did not replace the oil and now my car is dead per my mechanic.

I went get oil change 630pm before they closed, went straight home. Needed oil change for long trip next day to orange county.

Drove home fine no issues. Parked... View More

William John Light
William John Light
answered on Nov 20, 2024

Call your insurance company, if you carried comprehensive coverage. Otherwise, your claim is going to be litigated, probably in Small Claims Court, where you can recover up to $12,500, without an attorney. If your car is worth more than that, you can sue in Superior Court, but you will need an... View More

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: Who can represent with: faulty products with injury?

Well documented 100 pgs documents, cert mail receipts, photos, documents etc.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2024

A California attorney could advise best, but your question remains open for a week. However, the answer would basically be the same anywhere. For injuries related to defective products, you'd want to speak with injury attorneys who handle product liability cases. Based on the setting,... View More

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4 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 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
James L. Arrasmith
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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.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jun 19, 2024

Sorry for your issues. IF you received such a notice (hard here to tell what type of product, which can matter) they are essentially admitting ALL such products have certain issues. THIS may lead to a class action? Check the net for that to see what your rights IN the class may be and whether you... View More

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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.

James L. Arrasmith
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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?

James L. Arrasmith
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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

James L. Arrasmith
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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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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
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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

James L. Arrasmith
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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

James L. Arrasmith
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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

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