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Am I entitled to treble damages?

Medford, NY |

A pet shampoo company has a product that is not labeled correctly and my dog became gravely ill from their shampoo . My dog's injuries came from the chemicals in their shampoo . The shampoo lists the chemical ingredients but did not list the potential side effects of them . eh : toxic , irritant etc . . They are guilty of the False Claim Act . They are willing to reimburse me for the $ 6800 . 00 vet bills but can i ask for treble damages ?

Attorney Answers 4

Posted

Given the facts provided, I would be pleased with them offering to reimburse the $6,800.00 in vet bills and would try to negotiate for more if you lost time from work to care for your dog, suffered anxiety etc. I think you are a little confused about the "False Claims Act" as that pertains to claims that have defrauded the Federal Government a/k/a a whistleblower or qui tam action. NY has some consumer protection laws to cover your claim but your claims are not well suited for class adjudication and, to be frank, bringing a lawsuit would be cost prohibitive. So, I would try to get compensation for any lost time from work and perhaps for the emotional distress it caused. Best of luck to you.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Posted

The False Claims Act (31 U.S.C. §§ 3729–3733, also called the "Lincoln Law") is an American federal law that imposes liability on persons and companies (typically federal contractors) who defraud governmental programs. http://en.wikipedia.org/wiki/False_Claims_Act

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David B Pittman

David B Pittman

Posted

Good information provided.

Posted

I agree. Try to negotiate for more money.

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Posted

A local lawyer could likely negotiate more.

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David B Pittman

David B Pittman

Posted

Worth a try. Hire a local attornet

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