Law Offices of Roman P Mosqueda

Very disappointed… Attorney Mosqueda was not vey helpful. He seemed to talk down on me. He didn’t offer any alternative solutions to my problems either. Time to search for a better attorney.

September 25, 2013
DEFECTIVE PRODUCT :
Yesterday, September 24, 2013, I consulted a Filipino lawyer here in L.A. regarding a defective product. He is a native of Iloilo, Philippines, by the name of Atty. Roman P. Mosqueda. His professional profile represents him to be a Doctor of Law in Products Liability, which triggered me therefore to solicit his advice on the subject.
The following are the excerpts taken from the Law Office Conference Room yesterday:
Mark: So, Attorney, assuming that the manufacturer complied with all the safety measures, are they still liable for my injuries.
Atty. Mosqueda: No, the manufacturer is not liable if it complied with all the safety measures… You have no case for Products Liability…
Bewildered and skeptical of the legal opinion rendered by Atty. Mosqueda, who claims to be an Expert on the subject, I opted to undertake further legal research. At one juncture, I landed at the website of Hersh & Hersh, a Product Liability specialty law firm in San Francisco, who has won a number of eight-​figure verdicts in defective product cases. In the Practice Area section of its website, it warns the public as follows:
Myth #4: If a product complies with all industry safety standards, it must be safe.
Truth: Wrong. Industry standards are minimal standards usually established by the manufacturers themselves. They do not guarantee that the product is safe and will not provide a defense to a lawsuit if you are injured by the product.
Moreover, in my personal research in the area of Products Liability, I uncovered the following:
Product Liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause, provided that the product was used in the proper method.
Better yet, Strict Liability is the legal doctrine within the sphere of Product Liability that holds manufacturers «automatically» liable, without a finding of fault, if its product causes harm or injury to a person. The law clearly instructs that the injured party need not show that the defendant was negligent. In the United States, the state of California calls for the least requirement in establishing a Product Liability case, and therefore, California is the best forum for bringing such a lawsuit, as compared to the other 50 states which necessitates additional requirements. (See Greenman v. Yuba Product, 1962.).
It is rather mind-​boggling that, as a Doctor of Law in Products Liability, Atty. Mosqueda tells me that I have no case in the injuries I sustained from a defective product, when the law tells me that «if you get injured from a defective product, the manufacturer is automatically liable or accountable without the need of proving negligence. (See Greeman case, Supreme Court of California, supra.)
This true-​to-​life account is alarming and should serve as a warning to all my Filipino countrymen. As you can clearly identify in my purported consultation regarding a potential defective product case, Atty. Mosqueda allegedly dissuades me from pursuing my case by maliciously transposing the law. What a pervert. The Filipino community should lobby for his disbarment. He claims to be a consumers’ advocate against defective products, but in reverse, he tells his clients the exact opposite of the law. He is in actuality a Master Deceiver, or what is perfectly called an Impostor.
It’s highly likely that he copied notes in school, or he just doesn’t have the track record in prosecuting defective product cases. In either case, he just distinguished himself to be an incompetent and untrustworthy attorney by misleading his client.
To my kababayans, watch out and be discerning !
I strongly recommend that you seek a second or even a third opinion before entering into a retainer agreement.
By: Mark Lee Esparrago