QUESTION
Do I have any case about a possible faulty product?
Asked on Oct 25th, 2013 on Personal Injury - Virginia
More details to this question:
I was walking my dog and her retractable leash snapped and she proceeded to run away and was almost lost. After searching almost all night and day through our apartment complex, we found her. My question is, do I have any legal recourse against the company that manufactures the leash?
12 ANSWERS
Edwin K. Niles
Yes, but your damages are so small that no lawyer will want the case. I suggest that you file in Small Claims Court.
Answered on Oct 25th, 2013 at 6:58 PM
You would have to prove that it was from a defect in the leash and not normal wear and tear nor misuse of the leash. They probably will offer you nothing except may be a new leash. It is not worth the time and energy to do much beyond writing a a letter to the manufacture. Remember that a dog is considered property and you would not be able to get anything for pain and suffering.
Answered on Oct 25th, 2013 at 4:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are trying too hard. At best you would have a breach of warranty claim worth the value of the leash. It would take you almost 100 dollars filing fee just to argue the point. Get on with your life.
Answered on Oct 25th, 2013 at 2:25 PM
Ronald A. Steinberg
Yes, but what are your damages? Several hours of hunting about $10 per hour, you don't have a claim that would support any lawyer representing you. Oh, by the way, you have to show that you did not misuse the product.
Answered on Oct 25th, 2013 at 1:08 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The quest for legal recourse presupposes that you have sustained sufficient damages to warrant a law suit in the first place. Loss of sleep for one night or part of the night looking for your dog and then finding the dog doesn't sound like sufficient damages to warrant spending money to file suit against the manufacturer. Certainly, no attorney would want to take on your case on a contingent fee basis. Are you willing to spend $250-$400 per hour of attorney's time to go after the manufacturer, and if so, what damages do you expect to recover over and above the attorneys' fees and court costs you will have had to pay before ever getting to a trial posture?
Answered on Oct 25th, 2013 at 1:07 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Perhaps for breach of warranty but that would be all.
Answered on Oct 25th, 2013 at 11:37 AM
James Eugene Hasser
Maybe, if it was defective, but what would your damages be besides the cost of the leash?
Answered on Oct 25th, 2013 at 11:36 AM
Business Litigation Attorney serving Columbus, OH
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E. Ray Critchett, LLC
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Fortunately, you found your dog and have sustain no true damages. Therefore, any lawsuit would likely not be worth pursuing.
Answered on Oct 25th, 2013 at 10:27 AM
1 Award
That would be a pretty tough case to pursue. The potential damages are minimal. You would have to prove a defect in the product, which would probably be very difficult and, perhaps, expensive to do.
Answered on Oct 25th, 2013 at 9:29 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You do not state that you were injured, so you have nothing to sue for. Also, you should be aware that a products liability case takes years to complete, hundreds sometimes thousands of hours of attorney's time, and typically tens of thousands of dollars in expert witness fees.
Answered on Oct 25th, 2013 at 8:59 AM
Why would you want recourse? You have suffered no damages.
Answered on Oct 25th, 2013 at 8:56 AM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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Probably not. You have to prove liability AND Damages!
Answered on Oct 25th, 2013 at 8:49 AM