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How Much Can I Claim for a Faulty Refrigerator that Led to Food Poisoning in my Los Angeles Home?

This legal question related to consumer law attorneys in California has been answered.

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Location: California  |  Law type: consumer law attorneys
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Bought this high-end refrigerator from a well-known store in Los Angeles, thinking it's gonna last long. But, boy was I wrong! Just within a few months, it started having cooling issues, leading to food getting spoiled without me realizing. I consumed some of this food, which led to severe food poisoning, and I had to be hospitalized. It's not just the hospital bills; I've had to take unplanned leaves from work, leading to income loss. On reaching out to the store, they're just not acknowledging the fault and are pushing me to talk to the manufacturer directly. This is a complete mess. I just want them to realize their fault and compensate me appropriately.

  • Can I hold the store responsible even if they're directing me to the manufacturer?
  • How do I estimate and claim compensation for both the faulty refrigerator and the medical bills?
  • What role does warranty play in such situations?
  • Do I need to gather any specific evidence to make my case strong?
  • Can a consumer law attorney in Los Angeles guide me on the legal aspects of product liability?

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Legal Solution

The response provided below is specific to consumer law attorneys in the jurisdiction of California. If the response is inadequate, please submit a detailed inquiry.

Liability and Responsibilities

Product liability cases can be intricate, especially when it involves food poisoning due to a faulty product. In California, both the store (seller) and the manufacturer can be held responsible for damages caused by defective products. Although the store has redirected you to the manufacturer, it does not absolve them of potential liability under California law.

Relevant Statutes:

  • California Civil Code § 1714: General obligation for harm caused by one's own negligence.
  • California Civil Code §§ 1790 – 1795.8: Song-Beverly Consumer Warranty Act.
  • California's Government Homepage: For comprehensive legal references and resources.

Potential Solutions

To establish a valid claim, you'll need to prove the direct link between the faulty refrigerator and the food poisoning, including how the product's defect led to the illness. If you can show this connection and prove your damages (medical bills, lost wages), you have a solid foundation for your claim. You might want to find the right lawyer who can guide you through the process, from gathering evidence to representing you in court.

Price Table for Legal Representation in Los Angeles

Service Description Average Price (Los Angeles) % Difference from National Average
Initial Consultation with a Consumer Law Attorney $275 +12%
Full Legal Representation for Product Liability $6,500 +10%
Settlement Negotiation $2,750 +8%
Expert Witness Fee (e.g., Medical Expert for Food Poisoning) $1,800 +15%
Court Filing Fees $435 +5%

Note: Los Angeles, being a major city, often has slightly higher legal fees compared to national averages.

Complexity of Product Liability Cases

These cases are intricate because they require proving a direct link between the faulty product and the injury sustained.

  1. Case Study 1: A family in Los Angeles purchased a microwave that malfunctioned, causing a fire in their kitchen. Although the manufacturer claimed the family misused the product, a thorough investigation revealed a wiring defect. They were awarded compensation for property damages and emotional distress.

  2. Case Study 2: A man in LA claimed he was electrocuted by his newly bought washing machine. However, without evidence of a product defect or expert testimony, the court ruled in favor of the manufacturer.

  3. Case Study 3: A woman suffered chemical burns from a defective skincare product. She documented her injuries, had medical experts testify on her behalf, and successfully sued the manufacturer for compensation.

Questions for Consideration

  • Have you preserved the refrigerator and the spoiled food? Documenting and preserving evidence is crucial in such cases.
  • Did you obtain a medical diagnosis explicitly linking your illness to the spoiled food? Medical records can strengthen your case significantly.
  • Have there been other reported incidents related to this refrigerator model? Multiple incidents can help establish a pattern of negligence.

Frequently Asked Questions

Q1: Can I sue both the manufacturer and the store?

Yes, in California, both the retailer and the manufacturer can be held liable for selling defective products.

Q2: What if I partially contributed to the food poisoning (e.g., by not noticing the food was spoiled)?

California follows a "pure comparative negligence" rule. If you're found to be partially at fault, your compensation might be reduced proportionally.

Q3: How long do I have to file a claim?

California's statute of limitations for personal injury cases is typically two years from the date of the injury.

Q4: Do I really need a lawyer for this case?

While you can proceed on your own, having an attorney, especially when you compare lawyers in your area, can significantly increase your chances of success and the amount of compensation you might receive.

Q5: What if the store offers a settlement?

It's essential to consult with an attorney before accepting any settlements to ensure your damages are fully covered. Remember, initial offers may be lower than what you deserve.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "How Much Can I Claim for a Faulty Refrigerator that Led to Food Poisoning in my Los Angeles Home?" has been changed 1 year 2 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of California & area of law: consumer law attorneys.
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