QUESTION
Who is liable if I bought something from a garage sale that gave me chemical burns?
Asked on Dec 07th, 2011 on Personal Injury - California
More details to this question:
I bought a bottle of some leave in protein treatment for my hair. It had no expiration date on it. After I used it, a few hours later it had burned the back of my neck and ears severe enough that I ended up in the emergency room in the worst pain I have ever felt (and I've had five kids) in my life. I took the bottle of the protein mist that was causing me the pain to the hospital and gave it to the doctors. I was diagnosed with severe chemical burns and sent home with a prescription for pain medication. I went online and sent an explanation of what had happened to the company on the website I found of the company who makes the product. About a week later (yesterday), I received a call from an insurance guy that is calling me about my claim. He asked me where I bought it from (what store) and he asked if I still had the bottle. I told him yes I did. He said he wanted to send someone over my house to pick it up for testing. He emailed me a request for the pictures that my husband took and he wants a name and address of the store purchased. I did not buy it from a store. I got it at a garage sale. Are they still liable even if I did not purchase from a store? Should I give the stuff to the person he wants to send over to me?
11 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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The manufacturer still has liability. What if it was a gift? No problem.
Answered on Jul 03rd, 2013 at 12:16 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you plan on possibly hiring a layer then donny give you the product. Otherwise, make whoever picks up sign for it on behalf of the manufacturer in case ii gets lost.
Answered on Dec 12th, 2011 at 9:09 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Do not give up the bottle without having it tested yourself. You can sue either the product manufacturer or the seller. You should seek the services of a personal injury litigator.
Answered on Dec 12th, 2011 at 8:55 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Don't give him the bottle, but only a small sample of it, perhaps in a pill bottle. If there is no expiration date on the bottle, then the manufacturer should try to resolve the issue with you. If there is an expiration date and you used it after the expiration date, then I would think they would not likely make you an offer. If you don't get satisfaction, consider hiring a competent personal injury lawyer; most don't charge for an initial consultation, and only charge you a fee if they can get a recovery for you.
Answered on Dec 12th, 2011 at 8:47 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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The phrase caveat emptor- buyer beware- comes to mind. If the product was defective, the manufacturer is liable for the reasonably foreseeable damages it causes. However, when you buy the product from a garage sale, several problems come to mind. It will be your burden to prove that the product in the bottle was what they packaged and sold and was unadulterated. You would be wise to have it tested yourself before you release the product to the manufacturer, as you have no guarantee of a safe return once you turn it over. Yes, this will cost money, but you can not win your case without evidence, and this is the best way to preserve the evidence you will need. Regarding the pictures and other items, the rep is a professional and is gathering all the information he can about your claim. He is doing this to protect his company, not to help you. If you have a serious injury, you should not try to handle something like this without professional help on your side as well- call a lawyer.
Answered on Dec 09th, 2011 at 8:22 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You have a product liability claim. The product manufacturer and distributors, including the person who sold it at the garage sale, are all liable for your injuries, which may cause permanent scarring. You should not turn over the product until you've discussed your claim with an attorney.
Answered on Dec 09th, 2011 at 6:26 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes, the manufacturer is still liable even if you did not buy the product at a store. Whatever you do, do NOT let the the other side have that bottle. You will never see it again and their "test results" will show that the liquid was just perfect. Hire a product liability lawyer ASAP and get YOUR lawyer to have the liquid tested.
Answered on Dec 09th, 2011 at 6:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The producer ought to be responsible for their products. I don't know about buying a chemical at a yard sale, however. There is always the potential that if you give the bottle to the investigator for analysis you will not likely see it again. You might want to take photos of the product and take the product to your own lab for analysis, then give the resicdue to the investigator who will likely do the same thing. If you don't have a serious injury all of this rigamarole about testing etc may cost more than your case is worth.
Answered on Dec 09th, 2011 at 4:29 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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A retailer is generally not liable in MI if they did not alter the product. The company may be liable for your injury.
Answered on Dec 09th, 2011 at 1:47 PM
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They are still liable. Whatever you give them, get a receipt with their signature, and a statement that they promise not to destroy the evidence. Also, keep some of it for yourself. Video tape and photograph the bottle and the parts about active ingredients.
Answered on Dec 09th, 2011 at 11:24 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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This sounds like a serious matter. I would not turn over the product without retaining an attorney first to ensure that you are protected. Chain of custody of the product would be a major concern. For example, giving them half of the contents of the product instead of the whole bottle and retaining half for your own expert if necessary. I dont think the garage sale purchase has any bearing on your claim as the product was placed into commerce and if theres no expiration date, that will be a problem for them. If you decide to turn over all or a portion of the bottle, take really good close-up photos of the entire bottle from every angle to show no expiration and no warning.
Answered on Dec 09th, 2011 at 11:15 AM