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California Products Liability Questions & Answers
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

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 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 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 ?

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 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 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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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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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

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

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

James L. Arrasmith
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answered on May 8, 2023

Based on the information provided, it is possible that both product liability and medical malpractice could be factors in your case.

Product liability refers to the legal responsibility of a manufacturer or seller for injuries caused by a defective product. In this case, the broken drill...
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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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1 Answer | Asked in Products Liability and Personal Injury for California on
Q: IF medical apparatus cause emergency surgery ending in colostomy bag do I have a case?
James L. Arrasmith
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answered on Apr 25, 2023

If a medical apparatus caused emergency surgery resulting in a colostomy bag, it may be possible to pursue legal action against the manufacturer of the medical device or the medical professional responsible for its use.

To determine if you have a case, you would need to consult with a...
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1 Answer | Asked in Products Liability and Personal Injury for California on
Q: CACI No. 1620. Negligence - Recovery of Damages for Emotional Distress - No Physical Injury - Direct Victim - Essential?

What kind of attorneys handle these type of claims? And how much do these claims typically go for? I have a medical bill for $10,000

James L. Arrasmith
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answered on Apr 5, 2023

If you are seeking to file a claim for damages for emotional distress resulting from negligence but without physical injury, you may want to consult with an attorney who specializes in personal injury law. Personal injury attorneys can advise you on your legal options and the potential value of... View More

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

William John Light
William John Light
answered on Feb 13, 2023

If you have been injured due to medical negligence, contact a medical malpractice insurer. If you have been given a used prosthetic after Medi-Cal paid for a new one, your doctor might be guilty of insurance fraud. In that case, you might want to contact Medi-Cal or the police, and then an... View More

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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

James L. Arrasmith
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answered on Feb 20, 2023

It is not legal for an orthopedic doctor to give a patient a prosthetic leg with used parts without the patient's knowledge and consent. In California, doctors are required to obtain informed consent from patients before performing medical procedures or providing medical devices or treatments.... View More

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3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: is it legal or against the law in Fresno California for an orthopedic doctor to give me an prosthetic leg with used part

my Orthopedic prosthetic doctor gave me a leg with used parts and I'm an amputee and he told me I was going to be getting a new leg with brand new parts Medical paid for a new leg brand new parts but I have an old leg with old Parts the only thing new was the cast part and at the same time I... View More

Dale S. Gribow
Dale S. Gribow
answered on Feb 13, 2023

When you say illegal, you are talking criminal. That would require your proving criminal intent. I would want to hear the doctor's version.

If s/he billed the ins co for a new leg, there might be a fraud.

I would write the doctor, return receipt requested, setting forth your...
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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Products Liability for California on
Q: Is it really illegal to sell a used car with open recalls?

I purchased a used 2021 Nissan SUV from a Lexus dealership. It had under 32,000 miles so I still had a transferable dealer warranty from Nissan. I’m currently at the Nissan dealership to get some service done on the car and two major open recalls popped up that are 4 months old. Passenger air bag... View More

Scott Richard Kaufman
Scott Richard Kaufman
answered on Jan 12, 2023

It is unlawful to sell a NEW car with an open recall. It is negligent, unfair, misleading and perhaps more depending on who said what and when, to sell a USED car with an open recall. In law school and "Judge" school, we learn that finding in favor of a contract being enforceable keeps... View More

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