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California Products Liability Questions & Answers
1 Answer | Asked in Consumer Law, Products Liability and Small Claims for California on
Q: Hey all, so I have this problem with my car that I already turned in.

Then I get a bill in the mail for the missing headrests. I panic and called the phone number on the paper. And they tell me that there is nothing they can do about it and that the dealership is the one in charge. so I got in contact with the dealership and the dealership isn’t taking any action... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Nov 24, 2020

Sorry for your issues. This shows just how important writings are. If you had this "pre-inspection" you could/should have seen the items marked as missing and made some noise there. If you took pictures (which are considered a writing) you have proof. If you have your drop off documents... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Should mattress company be responsible for pulling out a fairly new mattress from my home if it is releasing fiberglass?

Purchased California King mattress from Nectar late summer. Felt sharp pricking on my body as early as 1st week sleeping in this mattress. Thought it was bed bugs, but no signs of bed bug bites on my body. Recently, followed instructions on the company's website on how to clean pee off their... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 23, 2020

There could be some lawsuits regarding your situation. Sit down with a personal injury lawyer to see what options you might have. And good job documenting everything.

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: My 2018 Mattress, I never removed cover noticed it is now leaking glass. Daughter complains of itching, what can I do??

I bought the Modway Caroline mattress on Amazon 2018, my daughter slept on it for 1 year. Then went to sleeping on my bed. She does complain of itchy back, on and off. I am pregnant and having my third child thus purchasing them a new bunk bed+crib. After reading all these reviews about fiberglass.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Nov 21, 2020

more info needed.

i have had several calls about fiberglass in the mattress in the last year.

i had never heard of it before.

if injuries are serious enough a personal injury lawyer might take the case.

fiberglass is very serious and can do a lot of harm.

if...
Read more »

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3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: My 2018 Mattress, I never removed cover noticed it is now leaking glass. Daughter complains of itching, what can I do??

I bought the Modway Caroline mattress on Amazon 2018, my daughter slept on it for 1 year. Then went to sleeping on my bed. She does complain of itchy back, on and off. I am pregnant and having my third child thus purchasing them a new bunk bed+crib. After reading all these reviews about fiberglass.... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Nov 21, 2020

you should sit down with a personal injury lawyer who can look into what your options are... especially with your daughter have bronchitis. good luck to you and your family.

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1 Answer | Asked in Products Liability and Medical Malpractice for California on
Q: Hi, if I were to ID reference a random person for their Walgreens prescription would I be responsible for them?

Hi, I had a question about ID referencing. One night I was getting ready to head home from work and this lady came up to me saying that she didn’t have her ID with her. I questioned her reasoning for getting her pain meds at Walgreens and if she was prescribed them, I talked to the pharmacist and... Read more »

Maurice Mandel II
Maurice Mandel II answered on Nov 3, 2020

Hmm. You "referenced ID'd" (I don't even know what that means, it isn't a legal term) for a person that you don't know, at all, for them to obtain federally controlled substances from a Pharmacist and now you want to know if you could get into trouble? Well, it could... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law and Products Liability for California on
Q: Is it common today for mass tort law firms to bill the client for interest charges they accrue to work the clients case?
Maurice Mandel II
Maurice Mandel II answered on Oct 23, 2020

Without additional information this is very difficult to respond to. A lot depends on the retainer agreement. Maybe its ok, maybe not. What if they have to spend $50,000 for deposition costs and it requires financing at 10% for 5 years. Should the law firm just eat the $25,000 in financing... Read more »

3 Answers | Asked in Personal Injury, Products Liability and Medical Malpractice for California on
Q: Can i sue if i got a pacemaker that caused anothter serious problem and almost killed me on top of never needing it?
Joshua Kroot
Joshua Kroot answered on Oct 8, 2020

You very well may have a case if the facts are as you describe. You may also be able to work out a contingency fee with an attorney to represent you so that you don’t pay anything to bring the suit unless you win or get a settlement in your favor. It probably bears speaking to an attorney about... Read more »

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I bought new fifth wheel. I called for delivery and was told rear panel dented and in back order. This was not disclosed

To me. I bought it new and I want underaged. I want full refund and they said no because they registered to me. We jar recourse for I have?

William John Light
William John Light answered on Oct 7, 2020

If the rear panel is in back order, it sounds like they are going to deliver a new, undamaged fifth wheel to you. I don't see any basis for a refund, unless there is some damage that hasn't been disclosed and has not been repaired with new OEM parts.

1 Answer | Asked in Consumer Law and Products Liability for California on
Q: Is it legal for retailer to not sell you a product after requiring your to be approved for a loan?

A retailer is selling a product from a third party that requires a buyer to be approved for a loan. The buyer applies, and is approved for the loan. After being approved for the loan, the retailer informs the buyer that theyre sold out of the product. The buyer now has an established loan/line of... Read more »

Yelena Gurevich
Yelena Gurevich answered on Sep 25, 2020

With the facts given, the credit/loan taken out can be paid in full since the funds were not used to purchase the product so there are no damages to the consumer under these circumstances. With no damages, there is no case to pursue.

1 Answer | Asked in Consumer Law, Copyright and Products Liability for California on
Q: Hello, I plan on having a bottled beverage company. Where do I start in making sure my company's name is trademark?
Evelyn Suero
Evelyn Suero answered on Sep 5, 2020

Trademark registrations may be filed as Intent to Use ahead of time, however proper clearance of the trademark should be conducted to ensure that the trademark is not being used by anyone else in the same or related class/category. Work with a trademark attorney to assist you.

1 Answer | Asked in Criminal Law and Products Liability for California on
Q: I am looking at 19 years for a crime I did not commit, I have proof, there is proof and witness that I am not there

I am unable to afford attoney, I exhuasted all$ need pro bono

John Karas
John Karas answered on Sep 1, 2020

Ask the court to appoint a Public Defender.

1 Answer | Asked in Products Liability for California on
Q: Can I sell e-cigarettes on the internet not as retail but as an individual? Puff bars specifically.
Maurice Mandel II
Maurice Mandel II answered on Jul 31, 2020

I believe that sellers of these products have to be licensed to sell them. Unless you are licensed you could be in violation. If you are selling them to individuals what makes you think you are not engaged in Retail Sales? If you sell to a minor, you could be in real trouble, I understand the... Read more »

2 Answers | Asked in Personal Injury and Products Liability for California on
Q: I bought a pack of golden deer and I smoked a cigarette out of one of my packs and a cut on the filter

And it tasted nasty and I think there was something in it and it made me throw up

William John Light
William John Light answered on Jul 21, 2020

Well, the evidence is gone or mostly gone, because you smoked it. Also, claiming you threw up isn't evidence of damages. For that, you need medical care, including a diagnosis, lab tests showing the presence of some bacteria, virus, chemical, poison, etc. that can be traced to the cigarette,... Read more »

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2 Answers | Asked in Consumer Law, Contracts, Products Liability and Legal Malpractice for California on
Q: Can I sue the place I bought my car from for falsifying the amount I paid for my down-payment?

I recently purchased a vehicle from a Chevrolet dealership in San Diego, CA. I had horrible credit at the time and was only able to be approved with a large down-payment, which I was able to make happen. The amount on the paperwork does not even closely reflect the $12,000 I put down. What can be... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Jul 10, 2020

If you can prove that you put down $12,000.00 just let them know and seek an adjustment to the documents. If they refuse to adjust, that's a problem for them. Good luck with it!

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1 Answer | Asked in Consumer Law and Products Liability for California on
Q: I need a lawyer, please advise. I have mentor ribbed implants by Allergan.
Jeff Herron
Jeff Herron answered on Jul 8, 2020

I'm sorry you're having difficulties with your implants. The Allergan Biocell implants are the subject of several national lawsuits. In December 2019 claims in federal courts from around the country were consolidated in a single federal court action in New Jersey. Products liability... Read more »

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 »

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