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California Products Liability Questions & Answers
1 Answer | Asked in Products Liability for California on
Q: I want to begin a company sending people plates to smash as a stress relief. How do I avoid liability is used wrongly.

Such as they cut themselves, misuse other the product other than intended agreed usage. etc

Adam Studnicki
Adam Studnicki
answered on Oct 3, 2015

Anyone can sue anybody for anything, though it doesn't mean they have a good claim. You can include disclaimers and require waivers but that still doesn't fully protect you. You can operate as a limited liability entity. One of the best approaches is to buy good insurance, as well as... View More

1 Answer | Asked in Products Liability for California on
Q: Can a European company sell a CE a wireless devices in the U.S. Knowing that the device doesn't have the FCC approval?

The device has The CE approval and I am told that it could be bought and "operated" in the US as long as it is sourced from an EU company.

This seems very odd. Please help as I am trying to partner with them. Thank you.

Adam Studnicki
Adam Studnicki
answered on Aug 25, 2015

This is a more complicated issue than can be answered within the limitations of this forum. It is important to know the nature of the product and then apply applicable rules and regulations to it. A local lawyer familiar with FCC regulations can assist.

Please Take Notice: I am not your...
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1 Answer | Asked in Products Liability for California on
Q: My first house I purchase in L Angeles for over a million dollars had a major defect that wasn't revealed. What do I do?

The house was remodeled for sale and my plumbers found that the tub drain was not connected. There was a flood into the adjoining room and the plywood floor seriously buckled. Who is responsible-the realtors selling the house are very evasive

Robert James Reynolds
Robert James Reynolds
answered on Mar 31, 2014

The question may be whether the seller/broker/agent knew of the defect and disclosed the same in the Real Estate Transfer Disclosure Statement. The person who installed the subject drain may be responsible as well.

3 Answers | Asked in Products Liability for California on
Q: Will lawyers take medical device liability cases on a contingency basis costs and expenses as well as attorney fees?

A lawyer is telling me it is ethically wrong to offer a contingency agreement that covers costs and expenses as well as attorney fees.

Thomas G. Lewellyn
Thomas G. Lewellyn
answered on Jun 2, 2011

Yes. Products liability cases will be taken on a contingency fee basis.

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1 Answer | Asked in Products Liability for California on
Q: Are toy crane machines illegal in California?

The Burea of Gambling Control (Law enforcement advisory) has a flowchart, which makes theses machines illegal.

Robert James Reynolds
Robert James Reynolds
answered on Mar 30, 2011

I think there may be multiple factors that have to be evaluated to determine of the machine is subject to gambling laws. As such, the evaluation may have to be done on a machine by machine basis.

1 Answer | Asked in Products Liability for California on
Q: Munufacturer replaces an unrepairable product with a refurbished product,what is the warranty on the refurbished product
Robert James Reynolds
Robert James Reynolds
answered on Mar 30, 2011

The express, written warranty, if any, will be controlling. Any documentation provided with the refurbished part may be controlling with respect to that item. A complete answer requires much more information.

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