QUESTION
Can a plaintiff buy a product just to sue the company?
Asked on Oct 26th, 2011 on Personal Injury - Oregon
More details to this question:
Can a consumer, working in conjunction with an attorney in advance, buy a product with the sole intention of suing the company?
12 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If they really deserve to be sued, why not?
Answered on Jul 03rd, 2013 at 3:16 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Depends. What is the product?
Answered on Jul 03rd, 2013 at 3:16 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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That's probably the craziest thing I have ever heard.
Answered on Jul 03rd, 2013 at 3:12 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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That's an interesting question. I'm not certain how you would prove their intent when making the purchase, but even then, I'm not sure why someone would willingly injure themselves just for the headache of litigation. Regardless, if the product is legitimately for sale on the market, then the consumer has the right to buy it.
Answered on Feb 20th, 2012 at 3:52 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if you want to go to jail.
Answered on Oct 27th, 2011 at 9:08 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Can you? Of course. Will that affect how the case is viewed by the judicial officer or jury if they find out? of course. There are people out there that do things like that; e.g, handicapped people purposely going to restaurants and gas stations and then suing for violations of the ADA for bathrooms not being to code or the handicapped parking space not being to code, etc. They get labeled as shake-down artists. So if you do this, it could be viewed this way. All liability claims require damages. So buying a product and not really suffering damages but claiming you are damaged is a real problem too. On the other hand, if you are acting like a watch dog and doing this because the product is dangerous and you are trying to bring that out and prevent people from getting injured or sick, and not really for monetary gain, then that's a different ball game.
Answered on Oct 27th, 2011 at 1:28 AM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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No. You must be injured as a result of the product. If you are simply buying a product to injury yourself to initiate a lawsuit, you would be committing insurance fraud.
Answered on Oct 26th, 2011 at 7:29 PM
It depends on the nature of the lawsuit. Purchasing a product with knowledge that it is likely to cause an injury then attempting to sue over that injury may give the manufacturer sold grounds to raise the defense of acceptance of the risk and/or contributory negligence.
Answered on Oct 26th, 2011 at 5:34 PM
No. An essential element of a products liability action is damage to the consumer/user. Or, as we say on the ball field, "no harm, no foul."
Answered on Oct 26th, 2011 at 4:12 PM
That consumer who already has an attorney, should obtain specific legal advice and direction from that attorney. For a second legal opinion, he should specifically consult with a product liability lawyer.
Answered on Oct 26th, 2011 at 3:55 PM
Assault Attorney serving Richardson, TX
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It is sometime done in class actions where you were previously injured and you need the actual product for proof.
Answered on Oct 26th, 2011 at 3:42 PM
Yes, but it may be unethical for the lawyer to do so. Moreover, although defendants often don't like to admit the truth, defendants and juries are pretty good at figuring out the truth. So if the truth is that the plaintiff deliberately exposed herself to a product that she knew was dangerous, then the plaintiff will lose.
Answered on Oct 26th, 2011 at 3:41 PM