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I sustained a serious injury using a breathing exercise device called Powerlung. How can I file a claim for product liability?

San Diego, CA |

I am currently an undergraduate student at UCSD. On 6/19/2011, after using a breathing exercise device called Powerlung, I sustained a serious injury (tore muscles that are used for breathing - diaphragm, abdominal, intercostal). The pain was so severe that I spent every day lying down, moving as little as possible to minimize pain. Prior to using the device, I led a very active lifestyle; I swam, ran, and surfed often. I used Powerlung to supplement my aerobic exercise to get in better shape, but the product ended up ruining my life.
What is my option at this time? The statute limitation ends in 7 days; I have spent past two years suffering greatly and my injury has not healed. The injury is putting a great financial and emotional strain upon my family.

Thank you for your advice, everyone. I have consulted with a lawyer, and I'm currently waiting for his answer. I hope that my case will be possible

Attorney Answers 8

  1. Not sure why you waited so long, but you had better file before the deadline.

  2. The answer is obvious. Go see a personal injury attorney TODAY!

  3. Many more facts would be required to determine the viability of a products liability claim but link one below summarizes products liability basics.

    Go with the California attorneys on the statute of limitations problem. Statutes vary from state to state. Link two below addresses the policy behind such statutes.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  4. Get your medical records together, get your prior correspondence together, and get the product and meet with a personal injury attorney immediately. There are many personal injury attorneys here on AVVO who handle product liability cases who you can contact. You can also call our offices to discuss your potential claim. Whatever you do, you need to take steps now to protect the statute of limitations before it expires if you want to be able to pursue the claim.

    Marc Lazarus

  5. You need to get a lawsuit on file by June 19th. Try to meet with an attorney that will atleast help you get a complaint prepared.

  6. When the statute of limitations expires you will never be able to seek legal recourse for your injuries. You must immediately address filing the law suit against the appropriate defendants and name adequate Doe defendants so that later discovered entities may be brought into the law suit.

    The responses here are not intended as legal advice. Do not rely upon the responses herein. Consult an attorney in your geographic area. Strict time limits apply and failure to act within those time limits will result in a complete loss of all rights to seek legal redress.

  7. Find a product liability attorney ASAP. Once the statute has run, you will probably be out of options. Best of luck to you.

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.

  8. THere are some very good attorneys in San Diego. Search on and get advice right now. Hurry. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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