California Products Liability Legal Questions

So sorry that you have suffered bleeding and complications after bladder sling surgery during your hysterectomy. You should contact your health care provider as soon as possible to diagnose and treat the cause of your bleeding and pain. You may have a product liablity case against the product manufacturer of the sling, but it is dependent on what appears in your medical records. Bladder sling and pelvic mesh product liability lawsuits have been ongoing since 2011 with over 100,000 claims filed and many products have been taken off the market. If your symptoms are life-threatening, go immediately to an emergency room. Wishing the best for you. ... Read Answer

It sounds as if you may have a product liability case against the manufacturer and seller of the saw.  There may be claims against others as well.   It is critical that you take steps to preserve the saw in its current condition.  If you have the saw, do not let anyone other than a lawyer you hire to take possession of it.  Notify any other persons that possess the saw that it is evidence and that it needs to be preserved in its current condition. You will need a good product liability lawyer as soon as possible to investigate your claim.  You may be entitled to compensation for past and future medical bills, lost income and pain and suffering.  You may call me to discuss this case at (916)774-7200. Dave Rosenthal www.rosenthalinjurylaw.com... Read Answer

Product liability requires a showing that the product was defective or did not have proper warnings on the label et al.  First, it is important to exam the paint can for specific warnings and waivers by the manufacture.  Next, assuming that there has been a showing of negligence, either because the can remained on the shelf where an unsuspecting consumer, suchas your self would use it or by not warning of such a possible hazard.  The answer to this question would require a few hours in a case law data base.  Although there are general legal principles often times the specific facts of the circumstance will determine how the laws will be applied.  Further, depending on the facts, issues of assumed risk may arise as defenses.  Most importantly is the amount of damages.  What amount would place you in a position you would have been in had the product not been defective.  Perhaps this is the amount of a new paint job.  Without knowing the size i can only conjecture that it would probably cost less then $7500.  Assuming the manufacture and the retail store are not cooperating, to enforce your rights a formal law suit will need to be filed.  However, this is an expensive endeavor and would not be feasible in your position.  However, if you choose too you could file a small claims suit which usually costs less then $100. depending on the amount of the suit.  Although lawyers are not permitted to represent in small claims you could hire a lawyer to put the case together for you and then you would present it to the judge during court.  Hope this has helped.  Remember these are just general answers and should not be relied upon but only used for general information.  If you feel strongly amount your cause you should contact me so we can discuss in finer detail your legal rights in this situation. ... Read Answer

This is possibly a product liability case and possibly a straight "negligence" case.  You can call me to discuss further at (855)774-7200.   Thanks. S. David Rosenthal ROSENTHAL LAW 2251 Douglas Blvd., Ste. 120 Roseville, CA 95661 Phone:     (916)774-7200 Fax:          (916)774-7203 sdr@drinjurylaw.com www.rosenthalinjurylaw.com... Read Answer

Microgestin is not 100% foolproof. No method of birth control method but abstinence is.  Theoretically you may have a case against your OBGYN for failing to tell you that if that is what occurred, but that is not a case that I would litigate. Informed consent cases are difficult. If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read Answer

You might have a viable products liability/medical malpractice case. There have been some hernia mesh product recalls. Sometimes the mesh is not installed correctly.  Contact a local medical malpractice attorney (one in your state). Medical malpractice attorneys work on a contingent fee basis, which means they only get paid out of the proceeds of the lawsuit if you win. They provide free initial consultations. Sometimes an attorney will ask you to pay a "retainer" to cover the some of the expenses of a case, this is an issue that varies from office to office. Below are some articles that you may find helpful. Although they are written for my clients in New Jersey, most of the concepts carry over to other jurisdictions. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. ... Read Answer

I hope that means you were not hurt! If you were not hurt you were not damaged except to the extent that you have a jar of peanut butter with metal pieces in it. Take it back to the store that sold it to you. The store will ask you about the metal pieces - the manufacturer and the store are not responsible to replace the contents unless you can establish that the metal pieces were in the peanut butter when you purchased the jar. The store may refuse to refund the price of the peanut butter.  Based on what you have said I doubt that any litigation would be economically rewarding for you. Good luck! Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.comhttp://www.ProductDefectNews.com 800-956-0123 ... Read Answer

Yes - consult with an experienced products liability attorney immediately. Bring all correspondence you had with the manufacturer/server of the food and the insurance company, and all medical bills. Most likely this question will be determined under the law of the State of Colorado rather than California. Good luck! Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123 ... Read Answer

If the only result of buying the candy bar was that you found the penny, there has been no damage to you or your son that I can find. You don't get a big recovery because of a "eew" thought in reaction to the candy bar. If, however, your son bit into the candy bar and broke his tooth because of the penny, or got violently ill because of something in the bar, you might have a claim that would be economically viable - worth the cost of prosecuting a claim with sufficient probability that you'll get enough money to make the effort worthwhile. Take care - Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123  ... Read Answer

While my firm does not pursue campaigns just to send a message, we do take on issues which will help corporations think twice about their products when we can do so on behalf of a person who has suffered serious personal injury, or a family who is enduring the loss of a loved one, because of a defective consumer product, especially automobiles. We have seen the changes which manufacturers have made because of lawsuits like the ones we prosecute. I think you need to be clear about what you want to accomplish in response to the incident you write about. Keep in mind that Costco is a retailer of other companies' products, and not the manufacturer of those products. You won't change the incidence of hair or fibers on potato chips by accusing Costco of that. However, meaningful communication of the occurrence to Costco might bring ITS voice to the actual manufacturer of the offending chips, which will increase the chance of making sure that "this won't happen to anyone else". Unless you have not written about the harm that these chips did to you, it sounds to me that a lawsuit on your behalf will not be economically feasible - you will spend a lot more money than you are likely to recover in the suit. Make use of your voice and your communication rather than your time and money! Good luck.   Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.      ... Read Answer

What a close call and a trying situation! I think you'll find that the answers to your questions are found in Irish law rather than California law. Issues of "duty", "breach of duty", "negligence", and products liability are usually a matter of the place where the incident occurred, rather than the place where you might live. But generally from a common sense point of view (and most of law is an application of common sense with some guidelines to decide "close" questions with conflicting policy), I think you would be held liable for the results of the fire because it was you who lit and used the candle and "caused" the fire. What Irish law requires for the safety of bed linens is a matter of Irish law. What is required for fire fighting equipment is also a matter of Irish law. I can see the reasonableness of charging you for the room the hotel could not use because of the fire and charging you for the room the hotel could not use because you were using it. Good luck getting these issues worked out!   Brian Chase,  BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com http://www.ProductDefectNews.com  800-956-0123.    ... Read Answer

What is the value of not wanting to eat green beans anymore? What is the value of being grossed out? Only you can decide what compensation is satisfactory to you. That doesn't mean that you can convince Walmart and/or the canner to agree to pay you that compensation. The compensation you might be owed is payment towards the damages that you have suffered. This is predominantly an argument of monetary value. You didn't eat the cricket. You had no physical injury. You have not incurred expenses for medical treatment. So the issue which you have the burden to convince Walmart and/or the canner is the value of your fear, of the "what might have been but, thank goodness, wasn't". In the process of negotiating a settlement of your claims you also need to think about who is responsible for the cricket being in the can. Moral responsibility carries some weight and can help with establishing a fair settlement value. While the law might impose liability on Walmart for a strict products liability claim as a distributor and seller of the can, that has little value in settlement negotiations when your damages claim is so speculative. I suggest that you remember that Walmart did nothing here other than pass along a closed can from the manufacturer and distributor to you: what did it do "wrong"? You may come to find that Walmart's offer was, in fact, reasonable. I hope you find the answer you're searching for. Brian Chase, BISNAR|CHASE, Personal Injury Attorneys. http://www.BestAttorney.comhttp://www.ProductDefectNews.com 800-956-0123.... Read Answer