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California Products Liability Questions & Answers
4 Answers | Asked in Personal Injury, Products Liability and Health Care Law for California on
Q: If I am pending a litigation case what is the best thing to do
James A Morris Jr.
James A Morris Jr.
answered on Mar 11, 2022

Hire a lawyer experienced in the subject matter of the claim. If it is a bad medical device or pharmaceutical product, hire an experienced and knowledgeable products liability attorney. If it is an auto accident, hire an auto accident lawyer. Regardless, always ask the attorney, when was the last... View More

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1 Answer | Asked in Products Liability for California on
Q: Do I have a case to sue the company?

My mom choked and almosg died from trying to swallow a pill that was large and meant to be dissolved in water. There was no choking warning anywhere on the packaging and the directions only say to dissolve in water.

Tim Akpinar
Tim Akpinar
answered on Feb 22, 2022

A California attorney could answer best, but your question remains open for three weeks. I'm sorry for your mother's choking incident with the pill. Law firms could be reluctant to accept such a case because the element of damages does not appear to be something of a long-term or... View More

3 Answers | Asked in Personal Injury and Products Liability for California on
Q: Seeking lawyer for finger(s) amputation by Hobart Meat Saw in Tulare County, California. Any direction, please?

Lawsuit just filed. I am Plaintiff's lawyer, but that is not my area of expertise.

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 17, 2022

Plenty of folks out there to handle such claims.

You should reach out to a few. This site does

not recommend attys nor does it allow same.

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1 Answer | Asked in Products Liability and Lemon Law for California on
Q: 2011 Hyundai Sonata engine blew with only 72,000 miles from Carvana.

I'm asking this on behalf of my younger cousin. She baught a 2011 Hyundai Sonata with only 72,000 miles from Carvana in May of 2021. Last week the engine blew out. Got it back from the mechanic yesterday and it will be $7000 to fix. The car was sold to her for $10,000 but she ended up with a... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 17, 2022

you cousin needs to call and consult with an attorney than handles dealership fraud cases. these cases are very fact and document specific and until an attorney does a full review, it will be very difficult to give your cousin any legal advice.

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: Daughter is a paraplegic & purchased a glide n go. She has been injured and burned. How to get help, $ back & return it?

The steel seat has fallen on her shoulder and head multiple times. It is not level, but sits at an angle more like a slide than horizontal. Seat has gotten so hot it has given her 3 degree burns on her buttocks she has been doctoring for 9 months. The support arm fell off and someone caught her... View More

Yelena Gurevich
Yelena Gurevich
answered on Feb 16, 2022

she needs to call and consult with an attorney that does product liability/ personal injury.

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3 Answers | Asked in Civil Rights, Personal Injury, Products Liability and Civil Litigation for California on
Q: Can I personally sue for conversion civil case?

I have company and my company has car and title with its name. I have also lease agreement where my company lease that car to me. The car was stolen and then recovered. Can I sue person who stole that car in civil court for conversion? Or it should be my company?

Dale S. Gribow
Dale S. Gribow
answered on Feb 11, 2022

MORE INFO WOULD BE HELPFUL

WHY NOT SUE UNDER BOTH NAMES.

HOWEVER, YOU SHOULD BE ADVISED A LAWYER WOULD NORMALLY ONLY TAKE A CASE LIKE THIS ON AN HOURLY.......AND NOT A CONTINGENCY.

YOU CAN ALWAYS SUE ANYONE FOR ANYTHING......THE ISSUE IS MORE, WILL YOU WIN AND CAN YOU AFFORD A LAWYER.

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1 Answer | Asked in Products Liability for California on
Q: What to do after drill's lithium battery sparked a fire?

The battery from my drill sparked a fire which damaged a piece I was building for a client. I was unable to finish the piece in time because the fire destroyed my tools and hardwood supply.

I know the fire was started by the drill's battery because the battery reignited 30 minutes... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2022

A California attorney could advise best, but your question remains open for three weeks. If you have not been able to resolve the issue by now, you could research if the battery has been associated with other similar accidents. You could also review the paperwork if it outlines conditions for... View More

1 Answer | Asked in Consumer Law, Products Liability, Business Formation and Business Law for California on
Q: Is it illegal to resell abandoned used cloths?
Leon Bayer
Leon Bayer
answered on Jan 19, 2022

Selling used clothes is legal.

2 Answers | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a new ford Mustang Machi full electric car, the sticker said in a fullcharge 211 i am getting 145 . brand new

iwent back to the dealer after 1 week it was 179 miles full charge and they told me because its new it should catch up and then went back the week after and it was 170 miles full charge and the car had 400 miles at the time, they said you have to drive at least 1200 miles for the car to adjust, i... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Dec 17, 2021

I think a lot of lemon law attorneys would consider taking this case.

To me, your life is much simpler if you SELL the vehicle now, since it is likely worth

as much or more than what you paid for it and then just buy a different one.

Either way, I hope it works out for you.

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Q: Does this 9447159 patent cover all Fc heterodimeric cytokines with an antigen binding moiety (not just CEA-IL2)?

My question is whether this patent covers all heterodimeric immunoconjugates or immunocytokines as described in Claim 1. Specifically, cytokine could be any secreted growth factors that are not mentioned in the patent. Antigen binding moiety could mean any bivalent antibody although the patent... View More

Marcos Garciaacosta
Marcos Garciaacosta
answered on Dec 15, 2021

You need to hire a patent attorney or expert in the field to do this analysis for you.

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1 Answer | Asked in Car Accidents, Libel & Slander and Products Liability for California on
Q: Rebar of vehicle bent but the airbags didn’t deploy. Do I have a possible case since airbags should’ve deployed?
Dale S. Gribow
Dale S. Gribow
answered on Nov 21, 2021

more info is needed.

airbags don't deploy in every accident..........usually only rear enders and not T Bones.

suing the car manufacturer or the company that made the bags is a VERY expensive proposition. Unless there was a big upside, a lawyer will not invest their money on a...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Lemon Law for California on
Q: Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is avai

Have been looking for a new 2021 Mazda Miata certain color certain make and there seems to be only this one that is available at a Mazda certified dealership and the person that takes pictures of the car disclosed the information that this car had been in an accident and that it did not need to be... View More

Leon Bayer
Leon Bayer
answered on Oct 22, 2021

It should be traceable IF anybody filed a DMV SR-1 report. Otherwise, I doubt there is any way to know.

I suggest you ask the dealer to provide you with a copy of the collision damage repair statement. The car was probably sent out to an independent shop. Most dealers do not do their own...
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1 Answer | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: Can I patient the corn burrito in it’s original place it was invented in ventura ca

Ventura California

Home of the corn burrito per Wikipedia

Peter D. Mlynek
Peter D. Mlynek
answered on Oct 11, 2021

No.

1 Answer | Asked in Personal Injury and Products Liability for California on
Q: Would it be a conflict of interest if the Insured does it's own inspection of it's own product/packaging?

I'm a third party claimant in a Product Liability claim. My claim is not based on the product but the packaging of the product. My first email response from the insured was that they were going to reach out to their supplier to have the problem fixed. The Insured sent the claim over to his... View More

Tim Akpinar
Tim Akpinar
answered on Oct 10, 2021

A California attorney could advise best, but your post remains open for a week. On my own cases, I generally request independent verification, testing, or inspection of important elements of a case. You could review the file with an attorney to identify your options, and whether litigation or... View More

1 Answer | Asked in Products Liability for California on
Q: Product Liability question.

I've been going through the claims process for a product liability claim. The problem is not the product but the packaging the product came in. The Claims Adjuster had me send the product back to the insured for them to investigate. Wouldn't the Claims Adjuster do this? My claim was... View More

Tim Akpinar
Tim Akpinar
answered on Oct 4, 2021

A California attorney could advise best, but your question remains open for three weeks. One could only guess why the adjuster had you send the product back to the insured. Some additional details would be helpful to assess the claim, in terms of the type of defect, injuries, and other factors. You... View More

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.

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