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California Products Liability Questions & Answers
1 Answer | Asked in Products Liability and Consumer Law for California on
Q: Can I back out of purchasing a car

I signed all contract paperwork for a vehicle at a dealership, I haven't signed the loan check yet to give to them yet though. They said I could pick the car up after they repaired it due to recalls. This was a few days ago and I haven't heard anything back, they gave me a rental for the... View More

Jonathon Maddox
Jonathon Maddox
answered on Sep 21, 2021

As this question was written 6 days ago, I'm hoping this has been resolved by now. But short answer is, yes you should be able to back out of the deal if you haven't received the car yet. On top of there being some consumer protection laws, that give some room for a buyer to have... View More

1 Answer | Asked in Products Liability, Real Estate Law and Small Claims for California on
Q: Can I sue my home inspector for failing to mention the electrical panel?

I recently purchase a home and hired a home inspector and had the property inspected and decided to move on with the sale. After living in the property for almost a year I hired an electrician, so I could add an outlet for my TV when the contractor saw my panel he refused to work on my property. He... View More

Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

The statute of limitations for negligence is 2 years, breach of contract 4 years, but sometimes different periods apply to certain professionals, such as home inspectors. IMO you need to get your electrical problem solved first, and RETAIN THE OLD PANEL AS EVIDENCE. Take lots of photos showing... View More

1 Answer | Asked in Products Liability for California on
Q: Hi there, So I bought a defective oculus quest (product) and returned it to receive a refund. The website says it…

It typically take 8-12 days to receive your replacement. It’s been 27 days yet still no replacement and al I receive is an email telling me it’s going to take “longer than expected”

Thank you!

Maurice Mandel II
Maurice Mandel II
answered on Sep 11, 2021

Put a "stop payment" on your credit card, or whatever means you used to pay for this.

1 Answer | Asked in Personal Injury, Products Liability and Civil Litigation for California on
Q: Do I have to serve all copies of court papers through defendants registered agent in California
Theodore Allan Greene
Theodore Allan Greene
answered on Sep 1, 2021

You need to serve the initial papers on the registered agent and then what usually happens is they appoint an attorney to handle the matter. From there forward you would serve all your documents on the attorney representing the Corporation or LLC.

1 Answer | Asked in Products Liability for California on
Q: Driving a commercial vehicle as a company driver, medical issue caused me to black out and destroy fence. Still liable?
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

If you couldn't anticipate the issue you would be covered by the sudden emergency doctrine as you weren't careless. So I don't see it. Normally the truck's insurance would cover it.

1 Answer | Asked in Employment Law, Products Liability, Civil Rights and Small Claims for California on
Q: Can Walmart take your personal belongings that u walked in with and you have proof of purchase bcuz you were trespassing

Do Walmart employees have the right to take/steal your personal belongings that you 100% walked into the store with and that you personally own (and have all of the receipts proving that you have boughten them)...

Just because they said that you were trespassing? 

Just because you... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2021

File a claim with Walmart and/or the police.

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: I received sores and hair loss to the date from using these products how do I file a claim?

I even had to go to the dermatologist and get shots in my head over this and I still have the condition to the day

Theodore Allan Greene
Theodore Allan Greene
answered on Jul 12, 2021

It is very hard to analyze your case with the little bit of information provided. You should sit down with a personal injury attorney who can get all the information and explain what options are available.

Q: What document should I use for my blog?

It would be great to have a document for guest writers, regular contributors, and anyone that submits anything to my site (written or media) to allow me and my website to publish their name and work on the site. What kind of document do I need? A consent form, an agreement, or something with a... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Jul 5, 2021

You need a contract where they license or give you the rights to their content.

Consult with an attorney.

3 Answers | Asked in Consumer Law, Personal Injury, Products Liability, Contracts and Small Claims for California on
Q: I bought a truck at auction, paid $4200, drove 10 miles, it caught fire, total loss. Can I be compensated?

I was not burned but suffered smoke inhalation. I had the truck for one hour. An auction employee drove the truck to the front of the lot for me to take delivery. I was told it was driveable. The Fire Dept had to come put out the fire.

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

Sorry to hear that. Virtually every auction I've ever seen has a disclaimer both on the bidding number issuance paper and on the bill of sale that says that you buy it, you take any and all risks, that the auctioneer doesn't test or examine the vehicles and makes absolutely no guarantee... View More

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1 Answer | Asked in Contracts, Products Liability and Intellectual Property for California on
Q: I would like to know how to contact an Inventor with whom i have invested money with

I have not seen or heard from him in years and I've been trying to find him

Tim Akpinar
Tim Akpinar
answered on May 21, 2021

A California attorney could advise best, but your question remains open for four weeks. There are the usually ways you probably are already aware of, in terms of online research tools. You could speak with an investigator. Some full-service process serving companies hold themselves for such work.... View More

1 Answer | Asked in Products Liability, Consumer Law and Contracts for California on
Q: Purchased vehicle sans title, 11/28/20 dealr convince me was coming mail, tags title never came.

Dealer is blaming the DMV for no tags...it's getting an obvious lie. Dealer puts me off his tag title company and him leave me stranded with expired tags and have excuses "it's Covid" and "it's a gov van".

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2021

Seller must, by law, deliver "marketable title." Failure to do so is actionable. Contact the DMV Investigations unit and open an inquiry. Also, seek out a consumer protection attorney for more input.

2 Answers | Asked in Civil Litigation, Consumer Law, Products Liability and Small Claims for California on
Q: How to take legal action against a company that is falsely advertising products and will not refund customers?

Long story short, I purchased a product that was not as advertised and does not hold up to the claims that the company makes on their website and they refuse to give me a refund. They have been investigated by the BBB because of how many claims other customers made against this company for doing... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on May 21, 2021

There is nowhere near enough info here to help. For instance if it was a garlic press from a local store, tough deal.

But, if it is a car from Ford, whole other analysis. There is a fairly new law in CA that a company cannot (for lack of a better term) 'bully' a consumer into...
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1 Answer | Asked in Products Liability and Animal / Dog Law for California on
Q: I recently found maggots in my dogs canned food and I was wondering if I can sue
William John Light
William John Light
answered on May 19, 2021

1. It's probably rice.

2. Maggots are not harmful to dogs, or even to you. They are just disgusting.

3. Without some significant harm, you don't have a case.

1 Answer | Asked in Personal Injury, Products Liability and Car Accidents for California on
Q: How to get compensated for parked car accident?

Someone hit my roomate's parked vehicle a week ago. The police haven't released the insurance info of the woman who hit her car. They said it will be avail next week. My roomate is not making money for 2nd job because of this incident. She is an Instacart shopper. She plans to rent a very... View More

Dale S. Gribow
Dale S. Gribow
answered on Apr 17, 2021

SINCE IT WAS A PARKED VEHICLE WITHOUT ANY PERSONAL INJURY, YOU ARE NOT GOING TO GET A LAWYER ON A CONTINGENCY.

IF YOU HIRE A LAWYER IT WILL BE ON AN HOURLY.

WHEN YOU ASCERTAIN INS CO, SEND LETTER MEMORIALIZING WHAT HAPPENED AND THAT BECAUSE OF THIS INCIDENT THE OWNER SUFFERED THE...
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1 Answer | Asked in Products Liability for California on
Q: If a pet food company said their products only sold to North America. Is it illegal if I resale them to other countries?
Tim Akpinar
Tim Akpinar
answered on Apr 11, 2021

A California attorney could advise best, but your post remains open for three weeks. It's difficult to say, based on these brief facts. Aside from compliance with trade-related regulations, it could be helpful to know why they do not sell them overseas. Is it because of restrictive agreements... View More

3 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: wife injured in her car. crashed in neighbors drvway 15 ft below us. She was the driver. Car was totaled.

air bag did not deploy. shoulder belt not wrkg fractured chest bone. Knee hurt. BMW X3'19

can we sue bmw faulty safety eqpt

Scott Richard Kaufman
Scott Richard Kaufman
answered on Apr 9, 2021

So sorry to hear this. Yes, you can sue. Winning is always another matter, but, unlike criminal law, which requires a verdict "beyond a reasonable doubt" in civil law, you need only "more likely than not" or 50% plus a smidge. Still, they can admit fault and there be an... View More

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1 Answer | Asked in Products Liability and Lemon Law for California on
Q: January 31st 2021 and two days later it brokedown blown head gasket

January 31st 2021 and two days later it broke down I had to get it towed at my expence and have coils replaced the dealership that I purchased it from. When i picked my car up the mechanic told me that they just replac

Maurice Mandel II
Maurice Mandel II
answered on Mar 19, 2021

Consult with a local Lemon Law attorney.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Civil Rights for California on
Q: Are Dreamers allowed to invest in bonds and stocks, and buy and trade bonds and stocks?

Me as a Dreamer, just wanted to make sure.

Louis George Fazzi
Louis George Fazzi
answered on Mar 11, 2021

As long as you are over the age of 18, you can invest in stocks, bonds, and all other negotiable instruments.

Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... View More

Theodore Allan Greene
Theodore Allan Greene
answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... View More

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1 Answer | Asked in Criminal Law and Products Liability for California on
Q: Hello, my mom is filing false charges against me for an item I have not stolen. What can I do if and when she do so?

My mom had given me permission to enter her storage unit to tale out furniture. But is now accusing me of steal a bix of photos. And is now saying I also stoled from her house as well and if i don't come to her house by the end of this week, with said items. She will press charges against me.... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 27, 2021

more info needed.

what is your age? do you live with mom?

does she have mental issues?

maybe send a detailed explanation to her that you could present to a court if it comes to that. Explain she gave you permission and that the location of what she is looking for is in the...
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