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California Products Liability Questions & Answers
2 Answers | Asked in Contracts, Products Liability and Business Law for California on
Q: As a middle-man, am I liable for the product I advertise if I am the one collecting the customers' money?

I am starting a business in which I am taking online reservations from foreign students for a private school based in the US. The school is willing to pay me a commission for each student I bring. I am thinking of charging students the full tuition cost, then I would take care of their enrollment... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Oct 21, 2016

From the facts you presented, if you were to contract with the students and they were to pay your company or you directly you could have liability exposure should some contract issue arise where the school or you/your company were viewed to be in some sort of breach of that contract. Whenever an... View More

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2 Answers | Asked in Consumer Law, Contracts and Products Liability for California on
Q: I purchased a 2012 Chevy Equinox and have been experiencing problems that I found out are very common without recall.

Is there anyway I can take action against Chevy and GM? The company doesn't want to take ownership of their production of vehicles with faulty parts. It's a Certified GM vehicle, but it's already undriveable.

Peter N. Munsing
Peter N. Munsing
answered on Oct 7, 2016

If it's certified it may give rise to some action. Contact www.naca.net to find a consumer attorney near you.

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2 Answers | Asked in Consumer Law, Products Liability and Civil Litigation for California on
Q: I'm not sure what I need to do. I have to take on Nissan Corportion. The dealership would not honor the safety recall

I contacted the nhtsa. The FTC and the Atty general of CA. I have non functioning seatbelts as noted as noted by Nissan dealership abd yet nothing was fixed. What do I do ?

Peter N. Munsing
Peter N. Munsing
answered on Sep 28, 2016

If they agree, you should have been given a reason. Contact the Center for Auto Safety for advice. Thy can review with you if your vehicle is within the recall group.

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2 Answers | Asked in Business Law, Consumer Law and Products Liability for California on
Q: Business has done shoddy work on my car, scraped up the paint, tells me they are going to refund me, but hasn't so far.

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Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

Get an estimate for cost of bringing your car back to what it was before he took hold of it, see if he pays, if not take him to small claims court.

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: If a business no longer carries a product which is under warranty are they obligated to fix it?
Peter N. Munsing
Peter N. Munsing
answered on Aug 30, 2016

Fix or replace or refund your purchase price.I assume you are speaking of the manufacturer.

1 Answer | Asked in Products Liability for California on
Q: I bought a product that did not have any information on what it's intended purpose was and misused it

I was wondering about a product I purchased. The product was "chalk paint" from Target. We bought the product thinking that it was paint for kids, like paint made from chalk, or sidewalk paint. The packaging was colorful and the paint was too. By looking at the packaging there was no... View More

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

Unlikely as somewhere on the label it probably said something like "latex paint" or otherwise, and gave descriptions of how to take it off.

It's by valspar and hard to believe they have nothing on the can about it:...
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1 Answer | Asked in Personal Injury, Environmental, Health Care Law and Products Liability for California on
Q: Should I get a lawyer to help me with this case?

I got E. Coli from a restaurant. I wrote a demand letter and now they are refusing the deal I made and they just want to pay my medical bills, although I am 99.9% sure it was from them. I have already sent over the HR woman my medical bills.

Peter N. Munsing
Peter N. Munsing
answered on Aug 26, 2016

Talk to a member of caoc who handles food cases. Because of what it takes to prove it, if you are totally well there's no shame in payment of your medical bills (which must include what your insurance company paid or your insurance may look to you for payment--so get them involved, especially... View More

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for California on
Q: Do I have a case? Mis-leading product placement in aisle

I burned my tongue due to ingesting very strong lime that I bought in an indian store. Fact is lime goes with Pan , a common pick-me-up that people make at home and eat with betel leaves, edible lime and betel nuts. I bought this small container of lime from an Indian store. Though it had a... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 14, 2016

Maybe you didn't read the label? Did you look at least at the ingredient list which generally is on any food product, and is translated if need be for sale in US stores? Generally indian food is packaged often in English to begin with. It isn't mislabeling if the label has information.... View More

2 Answers | Asked in Criminal Law and Products Liability for California on
Q: Can you change what you agree upon during sentencing

I was recently arrested and charged with shoplifting(2 nd offense) and a warrant from 8 years ago showed up for me not finishing a pc 1000 class i was ordered to take back then and during arrainment i plead guilty and agreed to prop 36 and 3 years probation. I go to court again in a week for my... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 8, 2016

You need to speak with the attorney/pd who worked out the deal with you. It is possible if the DA's agree.

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1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Where can I go for car issues not covered anymore by the Lemon Law period in Virginia ? We now live in California.

We bought a NISSAN ROGUE 2012 from a Virginia dealership, after the prescribed 18 months for Lemon cars in Virginia, this vehicle had 3 major issues involving major and critical parts. I feel that the parts NISSAN used to build this particular vehicle were inferior or defective and NISSAN should... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 22, 2016

Magnuson Moss is a federal law, but you sound like you've checked this out and it may use a state statute of limitations.Most states use the UCC 4 year statute of limitations. However that runs from when your purchased it. I assume a) you spoke with an attorney b) that attorney handled... View More

1 Answer | Asked in Products Liability for California on
Q: Is my company liable?

My company distributes candy canes during the holiday parades in Southern California. They are usually given to parents who gives them to the child. A friend recently told me if a child chokes that my company is responsible. True or not?

Peter N. Munsing
Peter N. Munsing
answered on Jul 11, 2016

No--parent would be responsible for appropriateness. If your company gave them to kids directly, could be issues. You would want to run this by your attorney.

1 Answer | Asked in Criminal Law and Products Liability for California on
Q: I shoplifted from cvs$16 worth of pencils.I signed A banned paper.Not arrested.Paying a civilfee.Can I still go to jail

I am 15 years old and the police were called but I was not arrested. Civil fee is $375. I am currently paying it off. Can I still be arrested and do I still have to appear in court even though I haven't been sent a sommonce to appear I xourt since I shoplifted 3 months ago in April. This all... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 6, 2016

If you haven't received a summons and agreed to pay I don't think so. Not sure about the "civil fee"--frankly, I would talk to the California Civil Liberties Union about this. But keep paying for now.

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: My car caught on fire due to the auto shop leaving a shop towel on the exhaust pipe. Is this a case?

They have pretty much admitted to be at fault.

Peter N. Munsing
Peter N. Munsing
answered on Jun 22, 2016

If it's in their care, yup.

2 Answers | Asked in Products Liability for California on
Q: I had a screw put in 2yrs Ago and now it's broken and now I have to have surgery again. Case??

The screw in my foot is broken and now I have to go through another surgery. My question is do I have a case to sue the company that created the screw? I don't want to sue the surgeon because he is a good surgeon and he was just doing his job.

Jonathan Damashek
Jonathan Damashek
answered on May 3, 2016

You may have a case against the manufacturer. I recommend finding out who manufactured the hardware and speak to a lawyer about whether your case has merit.

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1 Answer | Asked in Personal Injury and Products Liability for California on
Q: My minor sister is severely disabled. Due to the circumstances surrounding her disability I wonder if I have a case?

Our mom was orderd by her primary doctor to continue taking the drug Zyprexa during the entirety of her pregnancy with my sister, Taya, despite the high-risk of her age, which was 38 at the time of Taya's birth. Taya is 14 years old and now a ward of the state due to both birth parents being... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2016

You would not be able to do anything unless you became her guardian. But first, do a Google search of the product and lawsuit and see if there are any firms doing those cases, and check with them as to how strong of a case you have.

1 Answer | Asked in Products Liability for California on
Q: Is there a way to join the class action lawsuit against Wen products, I have severe scalp psoriasis/hairloss from using
Adam Studnicki
Adam Studnicki
answered on Jan 13, 2016

Check with the plaintiff's lawyers or class administrator.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to...
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1 Answer | Asked in Products Liability for California on
Q: I have a recall on my pontiac G52008 the dealer replaced it now it not working again. I can use the recall again
Adam Studnicki
Adam Studnicki
answered on Nov 16, 2015

Check with the dealer first.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a...
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1 Answer | Asked in Products Liability for California on
Q: Upon examination of cream filled cupcakes purchased at a chain grocery, the cream turned out to be paint. Can I sue?

No one was injured. Purchased a couple of days ago, still have the product with plastic container and receipt.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2015

Were you injured?

1 Answer | Asked in Products Liability for California on
Q: My house was sold at auction and the loan was paid off. What does this mean?
Adam Studnicki
Adam Studnicki
answered on Oct 11, 2015

This is a real estate question, not products liability. You may want to re-post.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Products Liability for California on
Q: Can I or my son sue JohnsonJohnson or the County for being given a prescription for Risperdal no breasts other Issues.

He was in a group home due to an arrest as a minor. He was a 504 dx child. I asked he not be given any newer medications and he was given risperdal. As a result he went from barely 100lbs to190lbs in months, it did not help him. I asked probation, the facility and doctor to take him off, they... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 5, 2015

You need to go see a personal injury attorney who handles bad drug cases.

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