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California Products Liability Questions & Answers
Q: My heating pad recently caught fire, I filed a complaint, now they are requesting it be mailed to them.

To see what went wrong. My question is, is it safe to mail in the product, prior to being compensated? Do companies try to request failed products, to avoid compensation? Essentially taking my proof?

The heating pad burned part of my mattress, my body was not blister burned, but very red... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Mar 3, 2021

If you have a personal injury claim you should talk to an attorney first. They most likely would have an expert evaluate it and keep it as evidence in your case. If you didn't get hurt very badly then it most likely will be hard to get an attorney. They should compensate you for a new mattress... Read more »

1 Answer | Asked in Criminal Law and Products Liability for California on
Q: Hello, my mom is filing false charges against me for an item I have not stolen. What can I do if and when she do so?

My mom had given me permission to enter her storage unit to tale out furniture. But is now accusing me of steal a bix of photos. And is now saying I also stoled from her house as well and if i don't come to her house by the end of this week, with said items. She will press charges against me.... Read more »

Dale S. Gribow
Dale S. Gribow answered on Feb 27, 2021

more info needed.

what is your age? do you live with mom?

does she have mental issues?

maybe send a detailed explanation to her that you could present to a court if it comes to that. Explain she gave you permission and that the location of what she is looking for is in the...
Read more »

1 Answer | Asked in Products Liability for California on
Q: what is the federal government code for an illegal medical asking questions relating to disability information?

I was wearing sunglass. I was asked for a medical question like what is your diagnosis? I gave her my diagnosis. She looked it up via cell phone to find what it is. I am considering this violation of HIPPA's or an Invasion of privacy. Can it be both in same way?

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

No because she wasn't inputting your name just the diagnosis. If she used a book it would be the same thing.

4 Answers | Asked in Consumer Law, Personal Injury, Products Liability and Small Claims for California on
Q: I pulled out a filling while using a flossing pick and following the directions on the back. Do I have a case?

While flossing my teeth with a flossing pick my floss got caught between my teeth on the way down on what I later found out was a piece of my tooth filling, there was no way of sliding the floss out since it's attached to the pick and when I pulled down to pull the pick out it broke and pulled... Read more »

Theodore Allan Greene
Theodore Allan Greene answered on Feb 8, 2021

The previous answer is most likely what happened. You could sue either but I don't think you would get any attorneys to help. Call some and discuss it if you feel strongly but if the first 3 tell you that they can't help then you most likely will have to do it on your own. You will need a... Read more »

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4 Answers | Asked in Consumer Law, Personal Injury and Products Liability for California on
Q: Broke my filling while flossing. No warning on floss packaging about potential issue. Bough floss at walmart. case?

I was flossing and accidentally broke my filling. I used the floss as advertised. There is no warning on the flossing package of the possibility of breaking a filling. Is it worth sueing the floss company for not including a warning on their packaging to get them to put a warning on their packages?... Read more »

Julie King
Julie King answered on Feb 7, 2021

People all over the country floss daily without having fillings pop out, so I would say it is much more likely that the filling was loose before you flossed. But, if you chose to sue, you would end up spending many thousands of dollars more than you would just getting a new filling -- and you would... Read more »

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1 Answer | Asked in Consumer Law, Products Liability, Real Estate Law and Small Claims for California on
Q: A guard at a hotel got me kicked out,also used profanity and went into my room while my friend was inside,without ask

The guard said he was going to get my deposit taken and me kicked out the room. The hotel also,on three occasions tried to take the deposit without informing me. Management will not speak to me,concerning my qualms.

Maurice Mandel II
Maurice Mandel II answered on Jan 25, 2021

Sue the hotel in small claims. Limit is $10,000.00.

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1 Answer | Asked in Products Liability for California on
Q: Someone is Threatning to sue me for a truck I sold because supposedly I had sold it to him with a bad motor. What to do?

Car did have issues but was stated on the add.

I’m in California

Scott Richard Kaufman
Scott Richard Kaufman answered on Jan 17, 2021

Try to avoid it or if he or she sues, defend against it.

1 Answer | Asked in Products Liability for California on
Q: Can I suit a laptop company if they erase my data on my behalf?

I had an issue with my laptop, they told me to do something and it erases everything on all my hard drives.

Tim Akpinar
Tim Akpinar answered on Dec 18, 2020

A California attorney could advise best, but your question remains open for three weeks. It could be a difficult situation to establish fault - depending on the level of expertise of the parties, tech support sessions often introduce the possibility of confusion when it comes to instructions... Read more »

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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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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