If you or someone you know has been injured due to a defective product, the injured party may be eligible to receive payment for damages. This article will outline what a product liability claim is and how you can benefit from one. What Is a Product Liability Claim? A product liability claim is a case […]
Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.
Two plaintiffs in coordinated actions each worked as a mechanic for several decades at various facilities, and each degreased automotive parts with a process involving a solvent in a drum and the regular addition of mineral spirits to the drum when the grease built up. Defendant is the distributor of the mineral spirits, and plaintiffs allege the mineral spirits contain benzene, a known carcinogen.
Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.
A clip failed on a rowing machine at a 24 Hour Fitness, resulting in severe injury to plaintiff. Plaintiff had signed a release, agreeing the facility was not responsible for injuries, even if they occurred as a result of its own negligence. The trial court granted 24 Hour Fitness’s motion for summary judgment. On appeal, […]
Lemon Law Case.
The purchaser of a luxury automobile which had numerous problems eventually brought a lemon law action [Song-Beverly Consumer Warranty Act; Civil Code section 1790, et seq]. The car manufacturer served the consumer with an offer to compromise under California Code of Civil Procedure section 998, which stated: “Pursuant to California Civil Code section 1793.2(d)(2), MBUSA […]
The Fall Of The Musician.
A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
No Civil Immunity Under Dram Shop Statutes For Brewer.
Shortly after drinking two 23.5-ounce cans of Four Loko, a college student became disoriented, agitated and paranoid, repeatedly saying “they” were coming to get them. He located a shotgun and began shooting in the backyard. His housemates called police. When police arrived, the young man went out to the front porch with his gun and […]
Failure To Warn.
When a teenage girl and her older sister, wearing only their two-piece bathing suits, boarded a personal watercraft [PWC], they were given no instructions of any kind, safety or otherwise. Printed on a label located under the handlebars on the console of the PWC was: “WARNING. . . severe injuries to body cavities can occur […]
Previously we reported: No Loss Of Consortium Claim Under Labor Code § 4558. The same case was again before the Court of Appeal.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Lab. Code §§ 3600, subd. (a), 3602.) Labor Code section 4558 authorizes an injured worker to bring a civil action for tort […]
Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:
Plaintiffs are 22 residents of Argentina who brought an action in federal court in California against a German manufacturer, claiming the company “collaborated with state security forces during Argentina’s 1976-1983 ‘Dirty War to kidnap, detain, torture, and kill certain [Mercedes-Benz Argentina] workers.” Plaintiffs pled claims under the Alien Tort Statute [28 U.S.C. § 1350] and […]
Not A Matter Of Trying To Shoot The Messenger–No Anti-SLAPP Protection.
Plaintiff suffered complete blindness after taking Lamotrigine [Lamictal]. She and her husband brought an action against the doctor who prescribed the drug, the drug’s manufacturer and the drug store where she purchased it. She also sued the company which produced the drug information pamphlet, known as a monograph, which gave a consumer-language summary of information […]
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