QUESTION

I was wondering if I had a case can you help me please

Asked on Aug 25th, 2012 on Litigation - New Jersey
More details to this question:
My wife and I were shopping at pet smart. Our daughter of 23 months walk down an isle and picked a bottle of solution up and drank it with out our knowledge. She started to choke and I stuck my finger down her throat. She threw up and as she was still coughing we asked her to show us what she put in her mouth. She then showed us. We called 911 police came and medics. We realized with the acting store manager that the solution she drank not only had a faulty safety top it also had a malfuntion of the safety foil that was supposed to be on the top when you took the lid off. Do we have a case against the factory who made the solution. We took pictures of the faulty tops. Out of possible twenty five I think only one was good. And all solutions say keep away from children and it was stocked on lower shelf. Police report was made. Not only that, the solution had no writing of active ingredient as poison control was tryin to help us and they could not we had to call 188#.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
What a terrible thing to happen !  I hope your daughter is ok.  Although it sounds like the manufacturer of the solution was negligent, and that the store should have chosen a better location, I don't know what damages, if any, you have suffered.  If your daughter was not harmed, and you did not incur any loss, you may not have a cause of action.  
Answered on Aug 26th, 2012 at 8:33 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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