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California Products Liability Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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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1 Answer | Asked in Products Liability for California on

Q: Seeking best possible legal representation for: My car spontaneously caught on fire, reason for so a BMW known recall

This happened while out of town and my insurance has not been cooperative in stepping up and getting me any kind of help and so I’ve been stuck, in distress, and not finding any solutions to assist me in this matter which I consider very urgent because of the rarity of the problem im faced with..... Read more »

Tim Akpinar answered on Nov 19, 2018

I do not practice in California, but your question remains open for three weeks. A good starting point could be to consult with an attorney in your state to examine the recall, notices provided for such recall, manner in which fire arose, its connection to the recall, your damages, and determine... Read more »

1 Answer | Asked in Products Liability for California on

Q: What does strict liability mean in a product liability claim?

Tim Akpinar answered on Nov 13, 2018

I do not practice in California, but your question remains open for three weeks. In a general sense, strict liability means that the plaintiff does not need to prove negligence or any type of intent. This is in contrast with injury claims stemming from motor vehicle accidents or similar settings,... Read more »

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on

Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

Could you please give me a phone number so I can ask a question about how much I should expect in a drug manufacturer settlement. I’m thinking possibly I could contact public records at the CA state bar and hopefully they can find a similar scenario I can at least have an estimate.

Thomas A. Grossman answered on Sep 7, 2018

I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any facts for me to... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for California on

Q: I was eating "Green Giant" cut carrots tonight, and there was a piece of glass in one of the carrots. Do I have a case?

I took pictures of the mashed up carrot I spit out, with the glass. I still have the glass, and I know it didn't come from something in my home. And I bet if it was lab tested, it would be from Green Giant's manufacturing plant.

Dale S. Gribow answered on Sep 4, 2018

need more info

were you injured?...physically!

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