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N Cal Attorney
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8192
Experience:  since 1983
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The water heater caused the fire in my house 1) Location

Resolved Question:

The water heater caused the fire in my house

1) Location of the incident in Foreign

2) The water heater was produced in Pennsylvania

3) This is a brand water heater is also sold in los Angeles

My question is:

!) California, long arm jurisdiction in accordance with the legal principles, Can I request

the pennsylvania Water Heater Company in los angeles litigation .Source of law in that

book records,Please tell me

2) Water heater leaking inert conditions,Can water heater fire burn out? Articles

of in los Angeles Source of law in that book records, Please tell me

Can I request secrecy
Submitted: 12 months ago.
Category: Legal
Expert:  N Cal Attorney replied 12 months ago.
I am sorry to hear this.

Was anyone injured as a result of the fire?

Where did the fire take place?
Customer: replied 12 months ago.

Was anyone injured as a result of the fire?


No one directly burn, however, This drinking places by the fire caused us terrible aftermath of the spirit,Damages in the kitchen amount to $ 350,000


 


 


 


 


Where did the fire take place?


China

Customer: replied 12 months ago.

Which law book that I can find on Consumer Protection Law, Please tell me.

Expert:  N Cal Attorney replied 12 months ago.
I am not aware of any book specifically about consumer protection law.

Is there any possible defendant in the chain of distribution of the heater domiciled in California?
Customer: replied 12 months ago.

I do not understand what you mean

Expert:  N Cal Attorney replied 12 months ago.
California courts have no jurisdiction over a case where the product was manufactured in Pennsylvania and caused damage in China unless one entity in the supply chain is domiciled in California. Even then, California can refuse to exercise jurisdiction under a doctrine called forum non conveniens, because all the witnesses are in ether China or Pennsylvania.

Normally this type of case would be filed where the damage occurred, although there is a strong argument that it could be filed in federal court in Pennsylvania based on diversity of citizenship. If no one in the supply chain is based in California, then California has no basis to assert jurisdiction over this incident.

I am sorry this is not the answer you had probably hoped for, but it would be a disservice to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.
Customer: replied 12 months ago.

But there are many shop selling this products in California

Expert:  N Cal Attorney replied 12 months ago.
The question is whether your specific unit passed through a California based distributor.

Why don't you want to sue in China?
Customer: replied 12 months ago.

because China laws are:Water heater is a dangerous product, so who who is responsible for the production.


 


 

Customer: replied 12 months ago.

Water heater Company not only responsible for making money, rather than take risks.

 

I think the Chinese law makes sense

Expert:  N Cal Attorney replied 12 months ago.
The Chinese law on that was changed recently, see
http://www.lexology.com/library/detail.aspx?g=0aece7c8-8684-4eef-ad5f-e19ee6af766a
which states:
"In China, product liability constitutes a distinct kind of tort liability. Previously, there was no special provision in Chinese law governing the choice of law in foreign-related product liability cases. The choice of law rules were the same as in ordinary tort liability cases, lex loci delictus, requiring the application of the law of the place in which the tort occurred. If damage occurred in China in a foreign-related product liability case, Chinese law generally governed.

The Choice of Law Statute now requires the application of the rule of lex loci domicilii in foreign-related product liability cases, thus making defendants subject to the law of their place of habitual residence. Although the law of the habitual residence of the plaintiff (foreign or Chinese) will ordinarily apply, the plaintiff may instead choose to apply the laws of the defendant’s main business place (i.e., the law of the manufacturer’s home country) or the laws of the location where the damage occurred (i.e., China) – unless the defendant has no relevant business operations at the habitual residence of the plaintiff, in which case only the latter two choices are available."

There are product liability attorneys in China listed by location at
http://www.hg.org/law-firms/product-liability-litigation/china.html

I urge you to follow up on this with a local attorney.

I hope this information is helpful.
Customer: replied 12 months ago.

1) I am U. S. citizen


 


2) GB 17905 -2004 In China ( safety management regulation of gas- burning appliances for domestic use ) The legal documents are required


3) Can I do in Pennsylvania Litigation?


 


 


 


 

Expert:  N Cal Attorney replied 12 months ago.
GB 17905 is available for a fee via
http://www.document-center.com/standards/show/GB-17905/history/2004%20EDITION
or
http://webstore.ansi.org/RecordDetail.aspx?sku=GB+17905-2004

Yes, you can sue in Pennsylvania (because, you wrote, that is the domicile of the manufacturer).
N Cal Attorney, Attorney
Category: Legal
Satisfied Customers: 8192
Experience: since 1983
N Cal Attorney and 7 other Legal Specialists are ready to help you

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