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California Products Liability Questions & Answers
1 Answer | Asked in Products Liability, Civil Litigation, Gaming and Intellectual Property for California on
Q: Can I use Albert Einstein's name and picture in a math game I'm making?
Robert P. Cogan
Robert P. Cogan
answered on Nov 27, 2017

Albert Einstein's image has been established as a protectable property. It is likely that a license would be required. The cost may fit within your margins and may make the game more desirable. One prudent course is to engage an attorney to contact the rights proprietor.

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: Is it illegal for a company to refuse a warranty claim when the product states "Lifetime Warranty" on the retail box?

Retail product states "lifetime replacements" but the manufacturer is claiming they have a stipulation written on their website that says you must buy the item directly from them in order to get a lifetime warranty. The packaging/paperwork provided with the product does not mention this... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Nov 7, 2017

That does sound deceptive, and may be a false advertising violation and a violation of the California consumer legal remedies act. However, although you have posted this in the California consumer law area, your post states you are in NH. You would have to ask a NH attorney about law there, if... View More

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1 Answer | Asked in Products Liability for California on
Q: Can I sue if they put a dirty napkin in my food
Robert P. Cogan
Robert P. Cogan
answered on Oct 6, 2017

This is America. People can sue for pretty much anything. Do you feel you would accomplish anything by suing? It could be difficult to prove any damages. Would you consider asking them to give you a free visit to make up for your trouble?

1 Answer | Asked in Animal / Dog Law, Business Law and Products Liability for California on
Q: What are some legal consequences that a business could experience if a dog did get sick or even die from its treats?
William John Light
William John Light
answered on Sep 29, 2017

It depends how the dog got sick. There could be criminal exposure for cruelty to animals. There could be OSHA violations if the workplace is unsafe and the dog happened to be injured because of it. There could be simple negligence in which the business is liable for the fair market value of the... View More

1 Answer | Asked in Criminal Law, Products Liability, Traffic Tickets and Car Accidents for California on
Q: Someone has been tampering with my vehicle. I know who. But no hard evidence. What's should I do?

He may have stolen my Faab key. It's missing. My mileage has gone up when I've been gone for 2 days. It was only to be driven in the case of an emergency such as fire or in the way of emergency vehicles only. I have pictures of the battery being moved completely out of place. I checked... View More

Dale S. Gribow
Dale S. Gribow
answered on Sep 29, 2017

call your local police and present them with the evidence you have generated to see if it is enough for an arrest and prosecution.

you need more than you think it is X.......maybe then can set up a sting or you can install a camera

2 Answers | Asked in Personal Injury and Products Liability for California on
Q: Should I submit this nut that I broke my tooth on in my dinner to the company responsible

I have made a claim but feel like if it over

Them the object in question. What do i have? Haven't been to dentist yet because I don't have insurance of the cash to pay out of pocket. They claim if i dont mail it then they are not responsible.

Robert James Reynolds
Robert James Reynolds
answered on Sep 28, 2017

I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.

You should consult a lawyer to determine the best way to preserve your evidence. Of course, if you send it in, and they lose it, that...
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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: Should I submit this nut that I broke my tooth on in my dinner to the company responsible

I have made a claim but feel like if it over

Them the object in question. What do i have? Haven't been to dentist yet because I don't have insurance of the cash to pay out of pocket. They claim if i dont mail it then they are not responsible.

Robert James Reynolds
Robert James Reynolds
answered on Sep 28, 2017

I can't give a good opinion without knowing all of the facts, but this should give you some direction so that you can find the answers you are seeking.

You should consult a lawyer to determine the best way to preserve your evidence. Of course, if you send it in, and they lose it, that...
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2 Answers | Asked in Education Law, Personal Injury, Products Liability and Small Claims for California on
Q: can I sue for 2 year old corn nuts that the school sold me?

I recently purchased corn nuts from my school's vending machine at lunch on September 20th, 2017. I had opened the bag and i proceeded to eat 2 corn nuts, what caught me off guard was the rancid taste and smell. I then checked the bag and the expiration date said July 9th 2015. I advised my... View More

Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Sep 20, 2017

Who are you wanting to sue, your school or the vending machine company? Regardless, what are your actual damages aside from the horrible taste and rude school administrator? Lawsuits are not to be taken lightly, and no ethical attorneys would take such a case without you incurring serious damages... View More

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1 Answer | Asked in Products Liability, Employment Law and Personal Injury for California on
Q: My roommate works in pest control in California with regulated chemicals but does his work clothes laundry in the shared

apartment units when I know other companies pay to have their uniforms done by a professional cleaning service is it illegal for his company to not provide laundry service and as such responsible for exposing me and others to these chemicals?

Peter N. Munsing
Peter N. Munsing
answered on Aug 31, 2017

I see no duty unless you can show there was a proven danger for those clothes to be in washing machines that go through a rinse cycle etc. You want to pay tens of thousands for the epidemiologic work that would have to be done, you might construct a case.

1 Answer | Asked in Products Liability, Business Law and Employment Law for California on
Q: What labor code deals with the establishment of a paint shop?

A spray painting section of doors has been added to our shop, just want to make sure we are compliant.

Robert P. Cogan
Robert P. Cogan
answered on Aug 24, 2017

The most significant consideration may be Occupational Safety and Health Administration (OSHA) regulations. OSHA covers most private sector employers and their workers in all 50 states. Spray painting is hazardous to employees' health. OHSA has regulations relating to spray painting operations... View More

1 Answer | Asked in Personal Injury, Products Liability and Workers' Compensation for California on
Q: during surgery i fell & broke a metal side table resulting in a neck injury who's responsible?

i was grabbed by the anesthesiologist by the neck with his two hands i don't recall this, the wcomp. doctor informed me of this on my follow-up visit with him. he told me that the hospital was concerned about this situation and are conducting an internal investigation! this was on may the... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 13, 2017

Here is the Attorney I suggest consulting. Mr. Brian D. Witzer.

Tell him that William C. Head from Atlanta referred you to him.

witzerlaw.com

Address: 8752 Holloway Dr, West Hollywood, CA 90069

Phone: (310) 777-5999

3 Answers | Asked in Products Liability for California on
Q: What is my legal risk if someone gets injured from a product prototype I'm building - I'm still testing it.
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2017

High risk. The way the law is written, could a reasonable person have anticipated that the product/object could cause harm? Insurance for your venture, covering this risk, is advisable.

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2 Answers | Asked in Consumer Law, Products Liability, Federal Crimes and Business Law for California on
Q: Commercial usage and shipment onto US territory of uncertified device prototype

There is an electric / mechanical motion simulator device. It contains electric servo motors and moving mechanical parts. The device interact with persons in a way they sit in a seat and it shakes them to imitate haptic effects. The device is not certified because it is a prototype. It is... View More

William John Light
William John Light
answered on Jul 20, 2017

This site is not designed to provide the detailed legal advice that you seek. The attorneys here know nothing about the device, who should certify it, what legal regulations apply to importation, how to factor expenses, what the laws are on "rides", etc. If you want this kind of advice,... View More

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1 Answer | Asked in Contracts, Criminal Law and Products Liability for California on
Q: My friend was lied too from her friend saying he'd pay for a phone account (proof) She gave money. He never paid for it.

My friend was in a family plan with friends including her ex-boyfriend. Her account needed to be paid for the month with $40. Due to the break up of her boyfriend, her ex's best friend said that she needed to pay a transfer of $20 to get out of the family plan plus $40 for that month's... View More

Roland Bakhache Perez
Roland Bakhache Perez
answered on Jul 18, 2017

Civil small claims court case, attorneys can not represent you on small claims court matters, you go before the judge with the facts and proof.

3 Answers | Asked in Products Liability for California on
Q: What form of liability protection do I need when I make aftermarket auto parts for customers

I am going to be welding offroad style bumpers that will go onto customer's trucks. If they were to get in a crash, how do I protect myself from a potential lawsuit

Ali Shahrestani,
Ali Shahrestani,
answered on Jul 18, 2017

You'll need to ensure that your business structure, licenses, contracts, warranties, and release of liability statements are strong. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You... View More

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3 Answers | Asked in Consumer Law, Products Liability and Criminal Law for California on
Q: Hi! I'm planning on selling homemade PVC bows and arrows in a small stand at a boardwalk in California. Is this legal?
William John Light
William John Light
answered on Jun 28, 2017

I'm assuming that these are not toys. Selling a "less lethal weapon" to a minor is a crime. Penal Code section 19405. Beyond that, I would speak to the City and/or Police Dept. about necessary permits.

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4 Answers | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: I bought a puppy 6 months ago, seller said it was a "Toy" breed grows no more than 10" in height, the dog is now 15'

She won't reply to my concern, so last resource can I sue?

I think it was very misleading and I paid 2k for the puppy.

Toy breed grow no more than 10" (you can see online for the size charts)

Mine is almost 15' and he still growing.

William John Light
William John Light
answered on Jun 27, 2017

If you have documentation that says she was selling a toy breed and you did not receive a toy breed, you can sue in Small Claims court for your money back. If you win, I expect that you will have to give the dog back, or receive damages based upon the value of what you received, e.g., the toy... View More

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1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Can I sue tobacco companies for failing to provide warning about mental illness side effects of smoking (anxiety, etc).?

I smoked for 12 years. Within 1 year of smoking I started to have debilitating mental health issues. Severe depression, anxiety, panic attacks. So severe that I had to go on disability, quit my job and was suicidal. I knew smoking caused physical side effects but was never warned of the mental side... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You can try anything but I havent heard of any class actions regarding MH effects so you may not find an attorney.

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I recently had a new shower installed. In two weeks the base became defective.

I purchased the shower through a company and they replaced the base but installed a different base and color without advising me they were changing it. Do I have any rights.

William John Light
William John Light
answered on Jun 13, 2017

Sue in Small Claims court for the cost of the repair. Can recover up to $10k.

1 Answer | Asked in Criminal Law, Personal Injury, Products Liability and Animal / Dog Law for California on
Q: I'm a disabled American with a service dog if someone tries to steal them and I stab them

Kind of trouble will I get into I will plead not guilty mental defect or disorder I have bipolar 1 and I'm paranoid schizophrenic PTSD

William Mihrtad Paparian
William Mihrtad Paparian
answered on Jun 10, 2017

You could be charged with a violation of Penal Code section 245(a)(a1), assault with a deadly weapon with a great bodily injury allegation. This is a felony but could ultimately be resolved as a misdemeanor. If you are a military veteran with PTSD there are protections available for you under... View More

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