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California Products Liability Questions & Answers
1 Answer | Asked in Products Liability, Civil Litigation, Health Care Law and Wrongful Death for California on
Q: How do I sign up class action in Case No. 2:19-cv-07471 against Whole Foods(Starkey water)I've developed liver fibrosis.

I have been drinking Starkey water from Whole Foods for many years until I found out just last Friday on 06/19/2020 that it is very high in arsenic levels. I have developed liver illness (advanced fibrosis). I live in San Francisco of California.

Scott Richard Kaufman
Scott Richard Kaufman answered on Jun 26, 2020

I'm sorry for your issues. You do NOT want to normally be part of a class action as the remedies offered are rarely as good as the remedies you can get on your own. Your more important question since you are automatically part of the class if you fit the class description, is "How do I... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a used car the guy assured me there was nothing major was wrong

he assured me Nothing major was wrong with the vehicle. I had no one to check the car out for me I'm single mother of two young children, saved up because I needed a car and 1 months later the transmission is out I believe he knew the transmission was going out and did not tell me is there... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

A California attorney could advise best, but your post remains open for three weeks. As a general matter, private sales often tend to be "as is." I'm sorry for the difficult situation the purchase has put you in, but unless the seller included some form of written warranties,... Read more »

1 Answer | Asked in Products Liability and Animal / Dog Law for California on
Q: Neighbor cats poo in my yard and they’ve poo so much on my brand new carpet on my porch it is destroy. What legal actio
Maurice Mandel II
Maurice Mandel II answered on Jun 19, 2020

Very sorry about this situation. I am a cat owner and I can tell you they are pretty independent creatures and won't listen to or obey anything they are told. The probability of getting them to stop is pretty small, even if you speak CAT. However, this does not mean that you are required to... Read more »

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: I bought a used car the guy assured me there was nothing major was wrong

he assured me Nothing major was wrong with the vehicle. I had no one to check the car out for me I'm single mother of two young children, saved up because I needed a car and 1 months later the transmission is out I believe he knew the transmission was going out and did not tell me is there... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 9, 2020

Very sorry to hear about your situation. Buying used cars is difficult particularly if you are not mechanically inclined and cannot detect defects on your own. But lets talk about what you can do now. If you bought this from a dealer, you probably got a very limited EXPRESS warranty (meaning... Read more »

1 Answer | Asked in Products Liability for California on
Q: Can I use other companies products for my website if I give them credit?

If I sell skateboards, and I am using other companies skateboards and I put them on my site, can I do this legally? I do not have their permission to do so but I am giving them credit.

Tim Akpinar
Tim Akpinar answered on May 23, 2020

This isn't really a product liability question, which is more about injuries from defective or dangerous products. And by "putting on your site," it sounds like you mean more than simply selling them through your site, since you talk about giving a company credit. You should repost... Read more »

1 Answer | Asked in Products Liability for California on
Q: If I receive a package I didn't pay for, do I have to return it? However, the sender meant to send the package to me.

I'm using this app called OfferUp, where people can buy and sell used items by either shipping or meeting in person. I was buying an item through shipping and the seller sent the package to the post office, but at the same time, accidentally cancelled the order, which refunded my money. The... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on May 5, 2020

What you have to do is the "right thing." You do not get to keep the item if you did not pay for the item. Either pay the shipper for it or work out a way to return it, that is the right thing to do.

2 Answers | Asked in Personal Injury, Products Liability, Business Formation and Business Law for California on
Q: My brother was able to purchases a fishing knife by himself without asking for an Identification id.

He got injured because of that nothing hospitalized but what if his small siblings would of accidentally grab it and things go from bad to worse and horrified in seconds

William John Light
William John Light answered on Apr 15, 2020

I am unaware of any legal requirements for a retailer to request identification before selling a knife.

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1 Answer | Asked in Personal Injury, Products Liability and Real Estate Law for California on
Q: I need a good lawyer I’m being totally screwed over
Dale S. Gribow
Dale S. Gribow answered on Apr 12, 2020

MORE INFO NEEDED.

WHAT CITY?

WHAT IS ISSUE?

I WOULD TRY TO REFER YOU BUT NOT SOMETHING I WOULD HANDLE NOW.

YOU REALIZE LAWYERS ON RE CASES USUALLY ONLY CHARGE BY HOUR?

2 Answers | Asked in Consumer Law and Products Liability for California on
Q: What would you do if your boss asks you to put out expired product to customers and you tell management and still occurs
William John Light
William John Light answered on Apr 5, 2020

Put out the food. Those dates are usually not "expiration" dates, meaning that the food is not expired or unsafe. The dates on food are usually “BEST if Used by” or “BEST if Used or Frozen by” to indicate peak freshness, and “USE by” or “USE or Freeze by” to indicate... Read more »

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1 Answer | Asked in Contracts and Products Liability for California on
Q: If I sold a pickup truck under lien papers and sold it. Can the people come back and get their money?
John Francis Nicholson
John Francis Nicholson answered on Mar 21, 2020

Your question is not crystal clear to me but I'll do my best. If you sold the truck and there was a lien on it at the time I assume you had a loan to buy the truck and it was not paid off. That should be reflected on the pink slip and you should have explained that to the buyer.... Read more »

5 Answers | Asked in Personal Injury and Products Liability for California on
Q: Can a driver with no valid driver's license due you in an accident that wasn't your fault?

He is a Mexican resident with only a California I'd card states Federal Limits Apply.

He doesnt have a valid license so apparently can not get insurance this, can he sue me?

Dale S. Gribow
Dale S. Gribow answered on Mar 18, 2020

more info needed.

do not understand question

however, the law is clear that if you are in an accident without insurance you lose your license for a year.

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1 Answer | Asked in Products Liability for California on
Q: Need advice

I bought a car from a small dealer in Whittier, and I only drove it for 3k miles and had it for 3 months. The water pump was leaking and the insurance covered it .so we took it to a mechanic in South Gate . They fixed it and a day later the Engine light came on and I took it back To the mechanic... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 13, 2020

This sounds like something that California attorneys who work with lemon laws other consumer protection laws would probably know better than a product liability attorney. Product liability is more about injuries from defective products. Good luck

Tim Akpinar

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: claim process determines individual awards is the total cash payment in a settlement is divided or what each person gets

total cash payments in a settlement for filed claims ? Individual awards compared to claimants? claim process results in actual distribution of settlement funds to class members ! The claim process determines individual awards! Is the total cash payment in a settlement is it divided or what each... Read more »

Adam Savett
Adam Savett answered on Feb 11, 2020

There are several different ways for class action settlement funds to be divided and distributed among class members.

The distribution method is always outlined in the settlement agreement and must be approved by the Court overseeing the case. Generally, the agreement, as well as a copy of...
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Small Claims for California on
Q: Denied $400 Target return(Unopened w/receipt, purchased day prior) cause staff didn't know how to return the item. Help?

It was a Visa prepaid Debit Card the card itself and the store policy says specifically that this item can be returned if unopened with receipt and within 90 days. Which I had all three. Staff was extremely rude and degrading to me and wouldn't even take the time on how to figure out it could... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 27, 2020

Go to a different Target!

OR talk to a manager next time.

Good luck with it!

1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for California on
Q: Can I hold a transmission shop accountable for poor job?

Recently bought a car for 3500. The previous owner had the transmission rebuilt (this was disclosed to me) for 3500 and the warranty for it was 30 days which the shop told me would transfer after sale. I purchased the car and before I even got home the same problem happened. The shop worked on it... Read more »

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

IF they tried and failed to fix under warranty, you have a warranty law claim. Warranty law is lemon law. So, you have a lemon law claim. Contact a lemon law attorney for more insight.

2 Answers | Asked in Products Liability for California on
Q: I'm an industrial designer, I created an espresso machine. Where do I start to approve it legally for sale?

I am currently choosing a path for the final architecture and assembly of the espresso machine design. I want to know more about the hoops that are required to approve such a product for sale. The pain points likely coming down to electrical components (outlet, power switch, heating element,... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

It doesn't seem likely that a product liability attorney (the category where this is posted) would be equipped to address the issues you raise. They are more regulatory, administrative, and commercial in nature, while product liability attorneys deal more with tort law, essentially injuries... Read more »

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2 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for California on
Q: Do hotels have to follow certain level certain guidelines How they handle big emergencies? I feel i am being wronged.

I just cant get up and leave so easily. I've been at hotel for a year. I have a few things in my hotel room that will take me several trips to relocate. Its not just my luggage and lets go. Hotel knows my bathroom been leaking and their maintenace guy quit they barely got a new guy. Now the... Read more »

Dale S. Gribow
Dale S. Gribow answered on Sep 17, 2019

much more info needed.

is there some kind of lease?

if you feel you have been wronged consider small claims where you can sue for up to $10k.

this may be more of a policy issue than legal.

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I got sick from a vaping cartridge that I was told cannot be fake because it came perfectly packaged. today I found

on an online search their packaging for sale along with brand new unfilled cartridges. did they make me sick or did they sell their packaging on the black market? i suspect a supply chain insecurity.

My Question is are they liable?

William John Light
William John Light answered on Sep 11, 2019

Unclear why you think that product was counterfeit. Plenty of people get sick from genuine vaping products.

As to whether they are liable, who is "they" and liable for what? You don't state what your injury is, whether you needed medical attention, or will continue to need...
Read more »

2 Answers | Asked in Family Law, Personal Injury, Products Liability and Wrongful Death for California on
Q: Daughter died of heroine overdose after over a year clean. Was prescribed Percocet after C section. Dr aware of history

At first she refused but needed for pain. Then her brother informed us she asked him to get her more he refused. Found dead month after baby was born. Does hospital hold any liability.

Theodore Allan Greene
Theodore Allan Greene answered on Jul 24, 2019

I am very sorry for your loss. It's not possible for someone to give you advice about your situation with the limited information available in this forum. You should immediately sit down with a local attorney and discuss the situation. If the first attorney doesn't want to take the case... Read more »

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