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California Products Liability Questions & Answers
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 »

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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