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California Products Liability Questions & Answers
4 Answers | Asked in Personal Injury and Products Liability for California on
Q: Under what conditions can a person withdraw their agreement to a settlment if the defendant has not paid in a year?

Mesh I'm a victim up I'm a victim of transvaginal mesh I signed my settlement over a year ago and now I need additional surgery they still have not paid me and I want out of the contract

Scott Richard Kaufman
Scott Richard Kaufman
answered on Mar 12, 2019

Depends on the language in the agreement. More likely the thing to do is to "enforce" the agreement. See an attorney in person with documents for more direction...

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2 Answers | Asked in Criminal Law, Products Liability and Small Claims for California on
Q: If my car gets broken into and my friends laptop gets stolen who is responsible for replacing it?

We were both eating at a restaurant at the time of theft. He left his bag in the backseat. The doors were locked and windows rolled up so no negligence on my part. Who would be responsible? Him? Me? Or both?

Dale S. Gribow
Dale S. Gribow
answered on Feb 26, 2019

more info needed.

with the little shared it seems it would be his loss as you allegedly did nothing wrong......though auto ins might cover it.

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3 Answers | Asked in Personal Injury, Products Liability and Landlord - Tenant for California on
Q: I suffer from chronic debilitating migraines and have been admitted to the e.r. multiple times for symptoms triggered

by harsh cleaning chemicals. My apartment complex is currently using a Fabulso, which contains sulphuric acid and perfumes that give me a chain reactionof symtoms that take days to clear up. I have to take prescription meds and injections in the e.r. to get it under control. Ive requested a... View More

William John Light
William John Light
answered on Feb 14, 2019

File a complaint with the Dept. of Fair Employment & Housing. Your fragrance sensitivity might be a disability that requires reasonable accommodation. https://www.dfeh.ca.gov/complaint-process/file-a-complaint/

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Intellectual Property for California on
Q: I have an idea for a website/app, how do I protect it? —please see the description for the complete question. Thx!!

How do I protect my idea for a website/app? I don’t want to disclose too much about it—that’s the reason for my asking in the first place—I don’t want a copycat with more resources/startup money than me to steal my idea & make a fortune off of my concept.

The idea, without... View More

Frank Huerta Jr
Frank Huerta Jr
answered on Feb 11, 2019

I suggest you have an attorney draft a non-disclosure agreement for you. However if you are pitching it to an investor, some may balk at the idea of signing it.

2 Answers | Asked in Products Liability for California on
Q: Hi, I am a plaintiff in the current Abilify MDL case My gambling financial loss was over $300,000.00

Is it possible to acertain a ballpark settlement amount from my law firm, is it appropriate to ask them?

Scott Richard Kaufman
Scott Richard Kaufman
answered on Feb 8, 2019

Ethical rules should prevent them from predicting or promising any particular result.

They could however share settlement strategies and demands with you upon request.

They MUST share any/all offers with you as well.

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1 Answer | Asked in Products Liability, Lemon Law and Small Claims for California on
Q: How do I get General Motors to cover repair of the fuel pump on my 2008 Corvette.

There is a special service bulletin (15682) that covers this repair for free if the car is less than 10 years old. I bought the car a year ago, and only learned of this bulletin after my car was no longer covered. GM also has another service bulletin out for other model cars (12191) that covers... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 14, 2019

Ask the dealer about a "secret" warranty. Failing this, ask GM about a "goodwill" fix.

Failing this, take ALL of your evidence to small claims court and sue GM for the cost

of the repair.

2 Answers | Asked in Animal / Dog Law, Criminal Law and Products Liability for California on
Q: This guy dognapped my dog and threatened me he was going to kill her if I don't give him a bike back. Accused of stealin
Dale S. Gribow
Dale S. Gribow
answered on Dec 31, 2018

much more info needed.

how old are you?

were you arrested?

for what?

did you take someone else's bike?

if not it would appear at first blush the other party should be arrested.

hire a local attorney or ask the court to appoint one for you.

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: Is it true that I might not be able to get my medical bills paid if I misused a defective power tool that injures me?

That's what the maker is claiming.

Jonathan S. Dennis
Jonathan S. Dennis
answered on Dec 18, 2018

Generally speaking, misuse is a complete defense to a claim for strict product liability so long as the misuse was not foreseeable by the manufacturer. That said, I suggest speaking with an attorney that practices Product Liability since the facts of your particular injury may lead to liability... View More

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3 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Business Law for California on
Q: How can I sue Apple for deceptive laptop diagnostic?

I was wondering if your firm is open this case. I recently purchased a Macbook pro and it was damaged on arrival. I took it back to the store and the genius bar said that it was water damaged therefor they cannot exchange or return it for me. I was really frustrated because this is a brand new... View More

Dale S. Gribow
Dale S. Gribow
answered on Nov 27, 2018

small claims would be perfect for you if your claim is less than $10,000.

first, send a self-serving letter to whoever you are going to sue setting forth the facts and making a demand.

when they do not respond include the letter with the complaint to show the court you did not want...
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1 Answer | Asked in Products Liability for California on
Q: Seeking best possible legal representation for: My car spontaneously caught on fire, reason for so a BMW known recall

This happened while out of town and my insurance has not been cooperative in stepping up and getting me any kind of help and so I’ve been stuck, in distress, and not finding any solutions to assist me in this matter which I consider very urgent because of the rarity of the problem im faced with..... View More

Tim Akpinar
Tim Akpinar
answered on Nov 19, 2018

I do not practice in California, but your question remains open for three weeks. A good starting point could be to consult with an attorney in your state to examine the recall, notices provided for such recall, manner in which fire arose, its connection to the recall, your damages, and determine... View More

1 Answer | Asked in Products Liability for California on
Q: What does strict liability mean in a product liability claim?
Tim Akpinar
Tim Akpinar
answered on Nov 13, 2018

I do not practice in California, but your question remains open for three weeks. In a general sense, strict liability means that the plaintiff does not need to prove negligence or any type of intent. This is in contrast with injury claims stemming from motor vehicle accidents or similar settings,... View More

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Collections for California on
Q: How much should I expect, and do I need to ask for an amount in my letter explaining what I’ve gone through?

Could you please give me a phone number so I can ask a question about how much I should expect in a drug manufacturer settlement. I’m thinking possibly I could contact public records at the CA state bar and hopefully they can find a similar scenario I can at least have an estimate.

Thomas A. Grossman
Thomas A. Grossman
answered on Sep 7, 2018

I don't know anything about your case, such as what your injuries are, have you joined a class action suit or filed suit on your own, have you gone to court, are you represented by an attorney, etc. So, I can't give you an estimate of what to ask for in damages, if I don't have any... View More

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2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I was eating "Green Giant" cut carrots tonight, and there was a piece of glass in one of the carrots. Do I have a case?

I took pictures of the mashed up carrot I spit out, with the glass. I still have the glass, and I know it didn't come from something in my home. And I bet if it was lab tested, it would be from Green Giant's manufacturing plant.

Dale S. Gribow
Dale S. Gribow
answered on Sep 4, 2018

need more info

were you injured?...physically!

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1 Answer | Asked in Products Liability for California on
Q: I was looking to abandon my vehicle in CA and I was wondering what steps I should take to minimize problems.

The reason I am abandoning my vehicle in comparison to selling it is the following.

1) The vehicle is completely dead, the cost of repairs far outweigh the price of the vehicle in it current state.

2) The registration is old/expired and has my father's name over mine making it... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

Worth your while getting a duplicate title. Many junk yards will take the car for free if you have a title.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Products Liability for California on
Q: My ex boyfriends surrendered everything in our apartment to me, and now wants PS4 back. I have proof. Can he sue me

My Ex boyfriend surrendered all property of his in our apartment to me (I have screenshots of the messages.) He said "I surrender everything in the apartment to you, it's yours, I'll buy new stuff." After he gave me everything, I sold the PS4. He told me today he wants it back.... View More

Angelina Bradley
Angelina Bradley
answered on Jul 12, 2018

This was an ex-boyfriend, not an ex-husband, yes? Then it's not a family law issue.

Yes, he can sue you in civil court. And you can bring your texts as defenses. You should consult a civil law attorney for more assistance with a civil defense.

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1 Answer | Asked in Contracts, Employment Law, Products Liability and Constitutional Law for California on
Q: Can you help me understand these, California Business and Professions Codes? 7107, 7108, 7109(a) and 7113?

I read the codes; but having a hard time understanding what it actually means, since I don't recall going against these so called violations.

Thomas A. Grossman
Thomas A. Grossman
answered on Jul 10, 2018

If you read the code provision carefully, you will find that each one states one or more grounds for disciplinary action against a contractor (e.g. abandonment of a project without cause). You can go online and look up a website called "Find Law." You can access all the codes under the... View More

3 Answers | Asked in Personal Injury and Products Liability for California on
Q: a product i ordered off amazon pulled out two of my teeth, can i have a case to get my teeth fixed

i made sure to fallow all instructions,n no where does it say anywhere or warn you that is product can pull your teeth out, also the package states its not a denture or dental device n that u cant eat with it or chew which i did none of, but on amazon, comments from people talk about using it for... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 30, 2018

A LAWYER WOULD NEED A LOT MORE INFO.

YOU SHOULD CONTACT LOCAL NEGLIGENCE LAWYERS IN YOUR COMMUNITY.

HOWEVER, YOU MUST BE ABLE TO PROVE WHAT YOU ARE ALLEGING.

HAVE ANY MEDICAL PROVIDERS CONFIRMED WHAT YOU ARE SAYING?

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2 Answers | Asked in Products Liability and Patents (Intellectual Property) for California on
Q: I have a idea/ invention. I am a simple man no money. Can I just sell my idea streight to a company

It involves the paint industry an there's already one of my ideas in home depot I thought of decades before it came out. It with be the new wave of painting

Kevin E. Flynn
PREMIUM
Kevin E. Flynn
answered on Jun 5, 2018

It is possible to sell an idea to a company but it is difficult without a patent or at least a patent application so that you have something to sell.

The company could seek a patent listing you as an inventor but it may be hard to get traction with them. Many companies will not talk to an...
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1 Answer | Asked in Criminal Law, Products Liability and Small Claims for California on
Q: Can someone get fined by wanting to call ICE on an illegal in California.

My boyfriend and an illegal got into some trouble. An illegal owe my boyfriend around $5000 and said he will pay him back. So far, no action has been taken by the illegal. My partner is upset and texted the illegal and he took it as a threat because my boyfriend wanted to call ICE on him for not... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 3, 2018

MORE FACTS ARE NEEDED

DEPENDING ON HOW HE SAID IT I WOULD THINK IT COULD ARGUABLY BE EXTORTION/BLACKMAIL............HOWEVER, AN ILLEGAL WOULD PROBABLY NOT REPORT IT FOR FEAR OF BEING DEPORTED

3 Answers | Asked in Personal Injury and Products Liability for California on
Q: bought memory foam matress. got super sick. it has fiber glass cover. company admittes it in an email. ruined everything

bought memory foam mattress from Walmart back in February it ended up having a fiberglass inner cover I began getting sick. my son that's 8 begin getting respiratory issues and was sick missed about a week & 1/2 of school. I took him to the doctors and emergency room I went to the doctors... View More

William John Light
William John Light
answered on May 27, 2018

You have a possible claim for personal injury, along with your sons. Although, there is no reason that fiberglass would make anyone vomit, except maybe excessive coughing. It isn't helpful that you have thrown away the contents of your living room, as testing those items would establish the... View More

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