The Mellor Law Firm, APLC

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Types of Product Liability Lawsuits

November 13, 2020 by Mark Mellor

product liability claim

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 […]

Filed Under: Product Liability Law News

Defendant Did Not Demonstrate There Was No Material Issue Of Fact, So Summary Judgment Reversed.

December 22, 2015 by

Summary Judgment

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.

Filed Under: Appellate Law News, Legal News, Negligence Law News, Product Liability Law News, Summary Judgment Law News Tagged With: 135 Cal.Rptr.3d 288, 194 Cal.Rptr.3d 243, 241 Cal.App.4th 1212, 266 P.3d 987, 53 Cal.4th 335

Health Club Release From Liability In Plaintiff’s Membership Agreement Valid.

June 2, 2015 by Leave a Comment

Release

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, […]

Filed Under: Appellate Law News, Contract Law News, Legal News, Negligence Law News, Personal Injury Law News, Product Liability Law News, Summary Judgment Law News

Lemon Law Case.

May 14, 2015 by Leave a Comment

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 […]

Filed Under: Legal News, Lemon Law News, Product Liability Law News, Settlement Law News

The Fall Of The Musician.

May 13, 2015 by Leave a Comment

assumption of the risk

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 […]

Filed Under: Appellate Law News, Legal News, Personal Injury Law News, Product Liability Law News, Summary Judgment Law News, Tort Law News

No Civil Immunity Under Dram Shop Statutes For Brewer.

February 11, 2015 by Leave a Comment

Dram Shop Statutes

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 […]

Filed Under: Appellate Law News, Legal News, Negligence Law News, Product Liability Law News, Wrongful Death Law News

Failure To Warn.

February 2, 2015 by Leave a Comment

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 […]

Filed Under: Appellate Law News, Damages Law News, Legal News, Negligence Law News, Personal Injury Law News, Product Liability Law News

Previously we reported: No Loss Of Consortium Claim Under Labor Code § 4558. The same case was again before the Court of Appeal.

October 28, 2014 by Leave a Comment

point of operation guard

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 […]

Filed Under: Appellate Law News, Legal News, Negligence Law News, Personal Injury Law News, Product Liability Law News, Workers Compensation Law News

Previously we reported: No Jurisdiction In California. Recent ruling by California Court of Appeal on similar issue:

October 28, 2014 by Leave a Comment

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 […]

Filed Under: Appellate Law News, Business Law News, Legal News, Procedural Law News, Product Liability Law News, U.S. Supreme Court

Not A Matter Of Trying To Shoot The Messenger–No Anti-SLAPP Protection.

August 29, 2014 by Leave a Comment

anti-SLAPP

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 […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Health and Safety, Legal News, Product Liability Law News, Tort Law News

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Recent News

Don’t Let Wire Fraud Real Estate Scams at Closing Stress You Out: Here’s How You Can Avoid It

January 24, 2023 By Mark Mellor

For years you diligently save up to buy your first house. After months of searching through listings, you finally find your dream home and make an offer that gets accepted. Just days before closing, everything goes smoothly until you get an email from your "real estate agent" … Read More...

Do’s and Don’ts for Getting a Loan Modification and Is It the Right Option for You

January 18, 2023 By Mark Mellor

Are you struggling to pay your mortgage loan? If so, a loan modification may be an option for you. Loan modification can make your loan more affordable and help you avoid foreclosure. But before applying for a loan modification, it's important to understand what it is, and … Read More...

You’ve Been Involved in an Accident, What Now?: How to Find the Best Car Accident Attorney

January 3, 2023 By Mark Mellor

According to the Bureau of Transportation, around 13 car crashes occur every minute in the U.S. When an accident happens it's important to know what steps to take and how to protect your rights. The most important step you can take is to hire a qualified car accident attorney … Read More...

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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