Legal Question in Product Liability in California

Re: Correct Venue for product liability/personal injury case

You can sue in small claims or municipal court. Either suit would need to be filed in California since the product was purchased in this state. If you sue in small claims you will have to personally appear. If you hire an attorney in California to file suit for you in Municipal you do not have to personally appear until a trial is held, which is highly unlikely as this case seems reasonable and should settle before trial. Another draw back to small claims is you are limited to $5,000 whereas you are limited to $25,000 in Municipal. I would need to speak with you first to discuss the case, but I can probably handle it on a contigency basis which means I don't get paid unless the case settles in your favor or we win in court. If we loose you don't have to pay anything. The only upfront cost might be the filing fee which is between $90-$100 depending on the county the suit is filed in. If it has almost been a year since you purchased the bra time is of the essence. A suit must be filed within one year of the date of purchase. If this date has passed there may be some way around it as far as arguing that the year should be counted from the date you started exhibiting symptoms. This is something we can discuss. I offer free consultations with no obligation to retain my services. If you would like to set up a time for a phone consultation you can contact my office, toll free at 877-546-9918. You can also email me at [email protected] if you have any further questions and I will try and answer them for you with the information that you have provided.

Sincerely,

John Hayes, Esq.