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California Products Liability Questions & Answers
2 Answers | Asked in Consumer Law, Medical Malpractice, Small Claims and Products Liability for California on
Q: I bought a new prescription medical device that turned out to be used and contaminated. What law applies here?

After a grievance to the health insurer, the medical supplier still held firm that the device was new. Now with my overwhelming evidence, supplier now changed the tune that it was cleaned and disinfected before the sale. Supplier states "this is an acceptable practice in health care". I... View More

William John Light
William John Light
answered on Jun 1, 2017

There may be a violation of a licensing body, which would subject the supplier to potentially losing the ability to sell. Also, as you note, the possibility of fraud. However, there appears to be no personal injury damages and, therefore, limited value as a lawsuit. Other attorneys may disagree.... View More

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1 Answer | Asked in Estate Planning, Family Law, Products Liability and Civil Litigation for California on
Q: My brother and I have a trust set by my grandfather who died about 22years ago. It set that once my mom dies we reci

've our inheritance. My uncle is the beneficiary and my mom gets the interest the stocks make. My question is simple. How long after my mom's passing does it usually take to receive our money. Its not large about 80,000 each. What's the fastest way? Thank you so very much..

Cheryl J

Peter N. Munsing
Peter N. Munsing
answered on May 29, 2017

Someone needs to set up an estate once she passes in many cases. It depends on if there is a trust, a trustee, how it's set up. Worth your finding out and then getting the advice of an estate attorney, even if you have to pay for it.

2 Answers | Asked in Products Liability, Business Formation and Personal Injury for California on
Q: What kind of liability protections do I need to start a tour guide company for cliff jumping?

I want to start a tour guide company that takes people on a cliff diving experience. Obviously, there is a lot of inherent danger in cliff jumping. How can I protect myself legally in the case of injury? Waiver? Liability insurance? Anything else?

Ali Shahrestani,
Ali Shahrestani,
answered on May 20, 2017

Waivers would only help so much. You'd need certified instructors, business licenses, related contracts, insurance, and other protections. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read... View More

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1 Answer | Asked in Products Liability and Animal / Dog Law for California on
Q: I've had My dog for 6 yrs. Owners who microchiped him want him back. Can they take him?

My ex boyfriend got him for me 6 yrs ago. He was a puppy. I've loved him every since and taken care of him. He was lost and taken to the shelter. Found out he was microchiped? I never knew! Vets never told me either and I've taken him every yr. Now the owners who claim he's theirs... View More

Ali Shahrestani,
Ali Shahrestani,
answered on May 6, 2017

If he was given to you as a gift, then the dog is your own property, not anyone else's. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,... View More

1 Answer | Asked in Constitutional Law, Products Liability and Civil Litigation for California on
Q: CAN AN OPPOSING PARTY AVOID A VALID SOL TO GAIN AJUDIFICTION ON AN EXPIRED CAUSE OF ACTION to halt the case?

Def used a exprired sol to halt the courts wheels to keep me from a cause of action that was valid and ajudifiable. Im appealing the error made by the judge after filing the current case on a coa that was never heard. Would i ask for a remand since it need not be reveresed in its entirely?

Ali Shahrestani,
Ali Shahrestani,
answered on May 5, 2017

It sounds like your complaint was untimely filed after the SOL deadline, yes? If so, what would be your basis for appeal, as I don't hear one in these facts. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an... View More

1 Answer | Asked in Products Liability, Civil Litigation and Consumer Law for California on
Q: IF you are in a class action suit & you've been put in a Class group that gets nothing, does an objection work

I live in an HOA and 3 individuals (also board members) filed a class action in 2/2014 against the window mfg . 2 years later, it is ready for settlement at a fairness hearing and only 75 of the 221 members are being taken care of. Does an objection at the fairness hearing carry any weight? The... View More

Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

Talk to the attorneys. There should be a clause allowing you to opt out.

2 Answers | Asked in Products Liability and Landlord - Tenant for California on
Q: I have received a notice to quit, I was caught doing something stupid (fireworks no damage. Do they have to evict me?

This was the first notice I got, I do not have any prior history of this with an apartment complex before. I have my father and kids living with me and don't know what to do if I am evicted. Does the apartments need to try and resolve this, to show I won't do it again before an eviction?

Ali Shahrestani,
Ali Shahrestani,
answered on Apr 30, 2017

If you breached the lease terms or broke the law while on the rented property, you can be evicted via court eviction filings. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my... View More

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1 Answer | Asked in Contracts, Products Liability and Internet Law for California on
Q: Question about online auctions in the state of CA

We are starting an online auction in the state of CA. We only post stock UPC photos of our items and state that we do not examine our items. It is the buyers responsibility to come and examine the items that interested them.

Is this sufficient enough?

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 30, 2017

You may encounter problems this way. It may be better to post very high quality photos and post detailed explanations of the positive/ negative aspects of each product. A solid return policy should also help. More details are necessary to provide a professional analysis of your issue. The best... View More

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: Should I submit this nut bolt 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?

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

For starters was the tooth fixed?Did you get an estimate? Is there a way of having them look at it in your presence and give it back to you? Contact a member of CAOC--they give free consults.

1 Answer | Asked in Employment Law, Products Liability and Internet Law for California on
Q: launching a app that's for bartenders and party host id like to know my liability
Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

It depends on what the app does. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... View More

1 Answer | Asked in Car Accidents, Personal Injury, Products Liability and Wrongful Death for California on
Q: A dealer sold me a car with a defective air bag. If injured in a subsequent, would I be able to sue the dealer?

An auto dealership, under current federal law, is permitted to sell a used vehicle which currently has an open recall. However, given that the dealer could have looked up the VIN and determined that there was an open recall on the vehicle, would a jury determine that the dealer was negligent in... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

The disclosure in writing suffices. It potentially replaces the mistaken recall information provided by the salesperson, depending on the facts and whether fraud can be proven if a rarified situation applies here. Contracts are what count and should be read. More details are necessary to provide a... View More

1 Answer | Asked in Products Liability for California on
Q: I bought a used bike online and was hurt when it malfunctioned. Can I sue the manufacturer?
Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

Is the bike under a warranty that transfers to new owners? Did the prior owner cause the problem that led to the malfunction? See: http://repository.usfca.edu/cgi/viewcontent.cgi?article=1004&context=elib

More details are necessary to provide a professional analysis of your issue. The...
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1 Answer | Asked in Consumer Law, Products Liability, Civil Rights and Small Claims for California on
Q: Buying wine

If I'm at walmart with someone who is over 21, then we buy wine, and I do nothing but push the cart. The other person shows id and tries to pay, but the cashier refuses service because I don't have an id citing his reason for not finishing the transaction was that it is against the law... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 6, 2017

Yes. Certainly not actionable. Technically you have an argument, but when it comes ot age laws, the Courts will say the person whose wine it is must be the one pushing the card. Exception possible for carrying a sealed container (meaning it's in a box or bag) to your car. Never, ever, think of... View More

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for California on
Q: I was on a flight and was pricked by a dirty needle found in a blanket provided by them. Any legal action possible?

I was on a flight from Delhi, India to San Francisco, USA and was pricked by a dirty appearing needle that was in a "new" blanket provided by them. I contacted the staff on the flight and an incidence report was filed. Once I landed the manager essentially avoided all questions and tried... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 28, 2017

Send them the bill from the blood tests. Not sure what you mean by manager tried to prevent you from taking action--I assume it was he didn't want to tell you where to file a complaint etc. I'd mention this in your letter, point out that it' should be hoped that they would give clean... View More

1 Answer | Asked in Employment Discrimination, Contracts, Products Liability and Collections for California on
Q: The old company that I worked for stopped paying its Hertz bill; one outstanding bill was for my rental use.

Is it my responsibility to pay this back? I used my Hertz company corporate account at the time of my rental and I was gainfully employed with this company at the time. I was assigned by my previous employer to rent this vehicle for a business trip and my personal credit card was not used at the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 11, 2017

You'd have to look at the paperwork. Start by keeping dealings to the formal hard copy. That slows things down, makes you think. Depending on the amount of the bill you may want to consult a consumer attorney. Www.naca.net

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I got a brand new Samsung fridge in Aug of 2012. Since then it has failed 3 times -Samsung stopped helping. Next?

I've tried working with Samsung. They said they would take care of it. Now they are ignoring our messages for assistance. I haven't had a working fridge since 12/20/16. Again. Thanks.

Peter N. Munsing
Peter N. Munsing
answered on Jan 11, 2017

You can try suing the store for a breach of warranty of merchantability but you may run into statute of limitations problems.

Depending on the cause of the failure if it's the same part it may be doable.

3 Answers | Asked in Products Liability for California on
Q: Is there more than one person or entity that can be held responsible for a dangerous product in a single lawsuit?
Jonathan S. Dennis
Jonathan S. Dennis
answered on Dec 21, 2016

Yes, more than one person/entity can be held responsible for a dangerous/defect product. Anyone placing a product into the stream of commerce can be found liable.

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1 Answer | Asked in Products Liability for California on
Q: Airport officials confiscated my Samsung Note 7 and wouldn't let me take it on the plane with me

because they said the battery defect poses a safety risk to passengers. This was at a time when it wasn't widely known that there were battery defects. Is Samsung obligated to give me a refund or replacement if I no longer have the phone?

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

They should. But for that matter you should have been able to get it back from TASA. Did you put in a claim form?

1 Answer | Asked in Products Liability and Business Law for California on
Q: Blade liability insurance

If I were to sell a small manually extended/auto-retracting blade tool, should I have liability insurance and/or LLC status?

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

Both.

3 Answers | Asked in Products Liability for California on
Q: There has been a recall on my car model but I didn't know until after I was injured because of the defective part.

Can I still sue?

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

Yes if they didn't notify you but had your address. If not, still possible. Contact a member of the CAOC who handles product liability. Problem is if you don't have the part that went bad, it can be tought to prove it was that that caused the wreck.

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