QUESTION
Can I sue a tea company for a tea bag allergy reaction?
Asked on Nov 06th, 2012 on Personal Injury - California
More details to this question:
The box of tea says that is gluten free, there is no ingredients on the box or warnings to any allergic reaction that it can cause. I have never been allergic to anything in my life but when I touched the tea bag after using it for the drink and placed the bag on my eyes my eyes started getting swollen. I thought I was getting tired do then a half hour to an hour later I started getting like a rash or hives on my arm. I didn't think anything from it as well I just thought it was weird. Went to bed and woke up swollen on my entire face and a body full of hives. I ended up going to the hospital to get treated after meds didn't work. Can I sue them? Please let me know what I can do.
9 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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What are your damages?
Answered on Jun 13th, 2013 at 12:50 AM
Ronald A. Steinberg
Gluten free does not mean hypoallergenic. Why did you put the tea bag on your eyes? Tea is to drink.
Answered on Jan 09th, 2013 at 12:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't think so. If you have the tea tested and it contains something toxic or that is likely to cause the reaction you describe, perhaps. However, if you have some allergy to one of the ingredients, the company is not responsible for you taking something that you are allergic to.
Answered on Nov 07th, 2012 at 8:16 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Lawsuits are too expensive to complain about minor injuries like you describe.
Answered on Nov 07th, 2012 at 8:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Every human being can develop an allergy to any product at some point. there is no way to protect everybody from everything. Especially allergies. I doubt if you could prove the hives came from the tea. Your word would not stand good for anything in law. you would have to have lab experts and or doctors to testify and that might cost you a ton. I had hives once when I was about 10 years old and I have no earthly idea what caused the condition. How do you think you would prove such a thing?
Answered on Nov 07th, 2012 at 8:16 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Generally, a manufacturer is not obligated to anticipate every allergy that someone might have. But, if they advertised their product as being gluten free and it wasn't and that's what caused your illness, then you have something to go on. Sadly, even then, product liability cases are so difficult, expensive and time consuming that unless you have a catastrophic injuries, the case is not worth pursuing as a practical matter.
Answered on Nov 07th, 2012 at 8:15 PM
Rabeh M. A. Soofi
I am sorry this has happened to you. You may have not only a personal injury lawsuit, but also a class action for product liability / failure to warn or false advertising. I would suggest you contact a lawyer to go over the facts of your case in detail, investigate the claim, and give you an overview of your legal options.
Answered on Nov 07th, 2012 at 8:15 PM
Your question is a prime example of what not to do. You are making an assumption you can't make or at least lack any evidence to make the link between the teabag and your body's reaction. Do you have the tea bag? Have you had it tested? What did the doctors state is your diagnosis? Does the medical profession link the contents of the tea bag to your allergy reaction? Without those opinions and test results you've got nadda, zilch, zippo. Don't get and don't assume, because when you assume you make an "Assume". That's how they taught this concept to we lawyers in law school. When you assume you make an ass of you and me.
Answered on Nov 07th, 2012 at 8:15 PM
Unless you could prove there was something other than tea in the bag, you might have a hard time proving liability. If it was not gluten free, and you would have had a reaction if it wasn't gluten free (in other words you relied on it to be gluten free) then that might give you some cause; like someone who asks if there are peanuts in something and told not and there are. But your explanation says you have never been allergic to anything before so it sounds like you just found out you are allergic to that kind of tea which you cannot hold the company responsible for, if it was indeed tea.
Answered on Nov 07th, 2012 at 8:13 PM