QUESTION
Do I have a legal claim as a pet owner when a pet swallows a piece of a cheaply made toy and surgery is required?
Asked on Nov 02nd, 2012 on Personal Injury - Montana
More details to this question:
My pet swallowed a piece of a toy, which broke off and nearly died because at first we thought he had a tummy ache. As the condition worsened, we had to take him to the emergency room and there x-rays were taken. He was in such a state by then that he had to have emergency surgery. Total cost to this point is around $1800. We have proof of what toy it came from, we have the item, which was stuck and the medical information too. We want to stress that these types of cheaply made products shouldn't be produced without proper testing for quality. A simple disclaimer on the packaging shouldn't absolve responsibility.
5 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You have to prove that the product was dangerously defective when put to normal use.
Answered on Nov 06th, 2012 at 8:04 AM
Ronald A. Steinberg
Perhaps. Chinese-made junk may be cheap, but cheap is not always best. Read the labels on the product to determine if an adequate warning was given. Honestly, I don't think that you are going to find a lawyer willing to handle a product liability case with such minimal damages.
Answered on Nov 05th, 2012 at 2:32 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You as the pet owner are responsible for what lies around your home for your pet to put in his mouth. You did not say whether it was a kid?s toy or a pet toy. If it was a pet toy, you possibly may have a claim, but the warning on the packaging is there to warn you. You might contact the manufacturer in writing and make a demand for reimbursement of your medical costs.
Answered on Nov 05th, 2012 at 2:31 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Of course not. You bought the cheaply made product or allowed your pet to rip it up and swallow it. It's always fun and games, hah hah, look at little pookie with the clown's head in his mouth, until someone gets hurt. If it were allowed, you should be sued for negligence by your dear little pup. Baaaad owner, baaaad owner. You are hereby fined an additional $500. Pay at your local Humane Society. Case closed.
Answered on Nov 05th, 2012 at 2:29 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You have a suit in theory, but your damages may be insufficient to justify bringing a suit. Products liability cases often cost $20,000.00 or more in expert witness fees and other costs to bring to court. you might end up spending more than you would recover. You could report this to the Consumer Product Safety Commission. You can probably find the agency on the internert.
Answered on Nov 05th, 2012 at 2:29 PM