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California Products Liability Questions & Answers
1 Answer | Asked in Personal Injury and Products Liability for California on
Q: I purchased a product from timu that caused rush. And Burns on my scalp and hair loss. Can I sue for damages.

I have been wearing her extinctions for 20 years. I've never had any problems. And I purchased this product and put it in my hair. The result was Ed extreme rash. And hair loss, I'm afraid I'm going to have to shave my hair to get these out. Because I cannot still with t. Reaction... View More

James L. Arrasmith
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answered on Mar 5, 2024

Under California law, if you've suffered harm from a product, such as the rash, burns, and hair loss you've described from using hair extensions, you may have grounds to sue for damages. This could involve a product liability claim, where you allege that the product was defective or... View More

2 Answers | Asked in Personal Injury, Products Liability, Real Estate Law and Insurance Bad Faith for California on
Q: Buyer agent did not inform me of Seller's insurance

I recently purchased a home for the first time. Today, six months later, we experienced heavy rainfall and there was a leak from the garage ceiling. I recently learned about a one-year seller’s insurance that could cover this, but I was not aware of it at the time of purchase. My agent, who... View More

James L. Arrasmith
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answered on Jan 22, 2024

Under California law, real estate agents owe a duty of care to their clients, which includes disclosing material information that could affect a client's decision-making in a real estate transaction. If your agent was aware of the seller's insurance that could cover such damages and... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

James L. Arrasmith
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answered on Jan 18, 2024

Under California law, if you believe you have a medical malpractice case, it is important to seek legal assistance. In such cases, a lawyer can help you understand your rights and the potential for a lawsuit. Medical malpractice generally involves a healthcare provider's failure to exercise... View More

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4 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: I need to find a lawyer to deal with a medical malpractice in the santa cruz ca area. I had a facial fuller put in with

my doctor didn't tell me anything about the filler before he used it and it's over a year and I'm still full of wounds, scars..he used Sculptra which once I reviewed it has many law suites for damage..it's the same company that paid $50 million to Linda Evangelista for the... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 18, 2024

Sorry this happened to you. There are a host of possibilities for counsel including some here who could either take the case or refer it out to the best fit for you. As noted, you may also have some claims you are not even aware of, so talk to one or more attorneys asap, and/or seek... View More

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2 Answers | Asked in Products Liability, Health Care Law, Medical Malpractice and Personal Injury for California on
Q: Which Medicare regulations impose legal liabilities?

Which Medicare regulations impose legal liabilities on Hospital and doctors, other then FCA and Stark law?

James L. Arrasmith
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answered on Jan 6, 2024

Under Medicare regulations, several laws impose legal liabilities on hospitals and doctors in California, besides the False Claims Act (FCA) and Stark Law.

The Anti-Kickback Statute (AKS) is crucial. It prohibits offering, paying, soliciting, or receiving anything of value to induce or...
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1 Answer | Asked in Personal Injury, Products Liability, Elder Law and Medical Malpractice for California on
Q: SSA adjudication Approved spine 2012 surgery vertebra truncated pedicle. 2023 All insurance 0 cancer treat sarcoma tumor

Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More

James L. Arrasmith
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answered on Dec 25, 2023

In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... View More

Q: Federal case filing and serving question

Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER?

Is it the same that conformed copy?

James L. Arrasmith
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answered on Dec 24, 2023

In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons.

It's important to note that the...
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2 Answers | Asked in Contracts, Personal Injury and Products Liability for California on
Q: Does a new discovery subpoena have to be issued after an amended complaint is filed?

In a federal civil lawsuit, if Plaintiff files a complaint, then subpoenas a third party for documents and - before the third party can respond to the subpoena - Plaintiff then files an amended complaint, must he issue a new subpoena or is the previous subpoena still valid?

James L. Arrasmith
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answered on Nov 8, 2023

In federal civil litigation, the issuance of a subpoena for discovery is governed by the Federal Rules of Civil Procedure. When an amended complaint is filed, it does not automatically invalidate a previously issued subpoena. The subpoena remains valid as long as the discovery sought is still... View More

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1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Products Liability for California on
Q: Can parties file replies to responses to objections to R&R in federal lawsuits?

After a magistrate judge issues their Report & Recommendations, my understanding is each party has 14 days to file objections. Can: (a) parties file responses to the other party's objections and, if so, how long do they have, (b) parties file replies to the responses to the other... View More

James L. Arrasmith
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answered on Oct 27, 2023

In the federal court system, after a magistrate judge issues a Report & Recommendations (R&R), parties typically have 14 days to file objections. (a) Parties can file responses to the other party's objections, usually within 14 days after being served with the objections. (b) The... View More

2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Oct 16, 2023

You have a problem, you asked about your rights as a consumer.

Then you said the issue was with a commercial (BIZ) product.

IF you find a way to get over that hump, and they exist, then

the question becomes will a lawsuit be worth the time/expense?

Lawyers with my...
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2 Answers | Asked in Consumer Law, Lemon Law, Products Liability and Business Law for California on
Q: What are my rights as a consumer of a commercial dump trailer of a local manufacturer? Defective product bought 8/30/23

We bought a dump trailer and it was defective. 10 days after we bought it the pump fell off the trailer becauae it was not properly welded. They fix it and we took it back. Then we load it and the support that holds the hydraulic bent. They supposed to fix it and they will charge us $900 . Now... View More

James L. Arrasmith
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answered on Oct 16, 2023

Under California's Song-Beverly Consumer Warranty Act, commonly referred to as the "Lemon Law," consumers are afforded protections when they purchase goods, including vehicles, that turn out to be "lemons" or are defective. While the act primarily targets new vehicles,... View More

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2 Answers | Asked in Products Liability and Personal Injury for California on
Q: Can I file a lawsuit against a product that generates more than 1500 Microtesla?

I have been experiencing severe and persistent pain in specific parts of my body, which I noticed is linked to a product I've been using. This product emits electromagnetic fields (EMF) exceeding 1500 microteslas (µT). I am concerned about the potential health effects of this exposure and... View More

James L. Arrasmith
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answered on Oct 10, 2023

In California, if you believe a product has caused you harm, you may have a potential claim under product liability law. Product liability claims can be based on design defects, manufacturing defects, or a failure to provide adequate warnings. If you can establish that the EMF emissions from the... View More

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

Tim Akpinar
Tim Akpinar
answered on Sep 26, 2023

I'm sorry about your daughter's injury. You could consider trying to arrange a free initial consult with attorneys to discuss this in more detail. If you have a jurisdictional basis to pursue the matter in federal court, possible venues could be based on domicile of defendant (with... View More

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3 Answers | Asked in Products Liability and Personal Injury for California on
Q: My daughter who lives in California purchased a product in Oregon and was injured in Oregon upon attempting to use the

product ? Should we get a Products Liability attorney in California or Oregon ?

James L. Arrasmith
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answered on Sep 21, 2023

In a products liability case, the jurisdiction can often depend on where the injury occurred and where the defendant(s) conduct business. Given that the injury occurred in Oregon, an Oregon attorney might be more familiar with the specific laws and venues in the state where the incident took place.... View More

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3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

William John Light
William John Light
answered on Aug 11, 2023

Generally, it is very difficult to "speed up" a case. Your attorney isn't in charge of when your medical care is over. Your attorney isn't in charge of when, if ever, the defendant or an insurance company makes a settlement offer on your case. Your attorney can file a... View More

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3 Answers | Asked in Personal Injury, Products Liability and Civil Rights for California on
Q: How do I politely ask my attorney to speed up my claim?

Claim has been going on for over a year, attorney says he is waiting to receive a email to go and visit them in person, I'm on my last bit of savings.

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

It could depend on what the delays are caused by. There are some things within the control of an attorney (placing matter into suit if an impasse has been reached in negotiation efforts) and some things not within the control of your attorney (awaiting conclusion of claimant's treatment).... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Patrick William Steinfeld
Patrick William Steinfeld
answered on Jun 22, 2023

Airbag claims are very expensive because they are very litigious and highly dependent on the use of experts. You might be better off searching defective air bag attorney. Don't hire a lawyer just because they advertise as an air bag attorney... this is an area of law where you want someone who... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

Gerald Barry Dorfman
Gerald Barry Dorfman
answered on Jun 22, 2023

Of course airbags should operate correctly without taking into account who is at fault for the collision. The important factors in your situation, in addition to having an expert determine that the airbag(s) should have deployed, include which injuries would likely have been prevented or lessened... View More

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4 Answers | Asked in Car Accidents, Personal Injury and Products Liability for California on
Q: Failed airbag deployment in an accident, should it matter who is at fault? Shouldn't airbags deploy as designed?

2020 VW Tiguan, rear ended another pickup truck. The truck unexpectedly stopped when they were cut off by another vehicle. VW rear

ended the pickup (VW driver at fault... according to police report). VW front end was smashed, driver severely injured... no airbags deployed.

VW... View More

James Otto Heiting
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James Otto Heiting
answered on Jun 22, 2023

Failed airbags can be the cause of injury and the companies responsible liable for damages in the right case with the right facts. Experts will also have to be engaged to review, examine, and possibly test involved parts and vehicles. If the injuries are serious enough, it may be worth pursuing.

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3 Answers | Asked in Medical Malpractice, Products Liability and Personal Injury for California on
Q: While inserting a screw into my broken hand, the drill bit broke off. Is this product liability or medical malpractice?

The surgeon disclosed this happened and said he tried to remove the drill bit, but decided it was best to leave it in. Now, years later, the drill bit has disintegrated into numerous metal bits throughout my hand joints. It has created crippling pain for years. A new hand specialist says he wants... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It might be either or both, or neither. It depends if it broke because it was defective or because the doctor did something wrong. Or was it something that happened due without negligence or defect? Experts would need to review the records. The viability of the case may depend on the nature and... View More

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