Legal advice needed?

Question

I'm 19 and not well versed in law & ethics, however I felt the need to post this question in case I DO decide to go through with this (currently-wim) idea.

I'm pretty sure I have a checmical burn from a dildo. I am CONSIDERING possibly filing a law suit on the manufacturer.

As greedy as it sounds, I honestly am only interested in filing the suit if it means that I can close their doors for business, as well as get a nice big chunk of their profits... but hey, they ruined MY life (i'm afraid infertility, cancer, and inability to have sex may come from this), therefore they should at least pay for the rest of it! Also, before you keep calling me selfish, I truley do want them (and many others) closed for business because I have read a few blogs mentioning that this is actually more common than not. I do not want to see other women make the same mistake, and I am DISGUSTED that this is actual legal.

That's right, it's legal to sell faulty, pourous, toxic sex toys. However, it is unethical. Does this mean I can not sue?

What types of law suits am I able to do with this situation?

Would they only be made to pay for my healthcare?

Or would I be able to actually successfully close them for business as well as take a chunk of their money?

They are a widely known and popular store (Adam and Eve), so will this hinder my success?

Answer 1

Either contact an attorney ASAP, or drop the idea. You need to establish the product was at fault before you can file, and there is a time limit.



If you think there is a proverbial snowball's chance in HELL, and I don't mean the town in Michigan, of closing down the company, forget about it. At MOST, you will be awarded a multi-million dollar judgement, which won't be a years profit for the company.

Answer 2

"it's legal to sell faulty, pourous, toxic sex toys."



No, it isn't.



What you are looking to file is a product liability lawsuit.



To win you need to show that the seller breached a duty of care towards you. This means that they either deliberately or negligently sold you a product that was not fit for the purpose for which it was sold, either through a fault in the product, or an inherent flaw in the design or manufacture.



However.... Adam and Eve is a retailer. In 'most' cases in a product liability suit it is the manufacturer of the product, not the retailer, that is liable. A store that sells thousands of products from hundreds of manufacturers cannot be expected to police the design and manufacture of every one.



That said, if there *is* a valid cause of action, courts can award two types of damages; Compensatory damages and Punitive damages.



As the name suggests, compensatory damages compensate you for your actual losses. This is money to pay your medical costs, lost wages while out sick, and compensation for things like pain and suffering.



As the name also suggests, punitive damages are intended to punish the losing party for deliberate or grossly negligent wrongdoing. They can be far larger than compensatory damages in many cases.



(In the famous 'McDonalds Coffee' case, for example, the court saw memos showing that McDonalds had made a deliberate company decision to continue to sell coffee hotter than their paper cups were designed to hold because they calculated that the money they would lose settling a few hundred scalded hands lawsuits was less than the extra money they made selling more coffee to people who bought it to drink when they got to work as it was hotter than anyone else's. They failed to take into account the possibility of 3rd degree burns to an elderly ladies genitals running up a six-figure medical bill that made pursuing a case to trial worthwhile.)



Richard

Answer 3

You won't close down their business and you won't likely get a chunk of their profits. Adam and Eve likely doesn't even manufacture the toy.



What you are afraid might happen is irrelevant. What actually did happen is.



It is common knowledge and practice to wash dildos.

Answer 4

I'm not well versed on law either, so keep that in mind for what I'm about to say.



They did in fact cause physical harm to you, and countless other people. If you remember there was once a person who got large burns from McDonald's coffee (A VERY large company) and ended up making money off it. If you experienced physical or mental pain, you already have a case (In my opinion.)