I purchased a comforter from a major retail department store that was infested with bedbugs. Can I sue them?

I as well as my 3 year old daughter who was sleeping with me were bitten by them . I had no idea what they were until I researched on the INTERNET . The store denies reselling used linen but the cashier admitted that they do . Can I go after them for negligence and punitive damages since they did not indicate that the product was resold or used or simply because these bugs bit us infested my home ?

Akron, OH -

Attorney Answers (3)

Sean Patrick Kuhlmeyer

Sean Patrick Kuhlmeyer

Personal Injury Lawyer - Seattle, WA

Yes you can sue them. I don't know about punitive damages in Ohio, I suggest that you read the Ohio Consumer Protection Act to see if you can recover punitive damages, and what you need to plead to bring a CPA claim in Ohio. But... You have a proof problem, you are going to have to prove that you got the bedbugs from the sheets. If the cashier said they resell used linen, you will want to get a statement from them right away. Call a good PI lawyer in Ohio. You can also try Ohio Lawyer Referral Service. Good luck, please mark this answer 'helpful'
Read the Ohio CPA: http://codes.ohio.gov/orc/1345
Ohio Lawyer Referal Service.:

All responses are intended to be informative legal information only. No response consitutes legal advice. There is... more
Christian K. Lassen II

Christian K. Lassen II

Defective and Dangerous Products Attorney - Philadelphia, PA

Yes. Google "bed bugs lawyer"... here, I did it for you www.Bed-Bugs-Lawyer.com

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Charles B. Upton II

Charles B. Upton II

Business Attorney - Tallahassee, FL

Yes, you can sue. Whether you are entitled to punitive damages will depend on what you can prove and your state's law. It may be you are better off in small claims court. Good luck.

My answer to your question does not create an attorney-client relationship.

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