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What are the elements to be proven in a product liability claim?

Canton, OH |

I purchased furniture infested with bedbugs. The retailer sold me the product as new when I believe it was used. Please help.

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Attorney answers 3


I would document the infestation. Do you have some way to prove the infestation happened before the mattress came to your house? Take photos and if you call an exterminator, ask them to render an opinion as to how long the infestation has been going on. Keep a copy of any expenses you incur. I would then call the store and make a claim against their insurance company for selling you a used product and marketing it as new.

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I am over the limit for questions I mark as helpful for the month, but thank you for an immediate response as this was very helpful. I actually spoke to the former manager of the store and she advised that they resell returned items all the time where as the manager at the time advised they did not, which leads me to believe it was used.


If you did not have bedbugs before and the only new thing you brought into the house was this furniture, you probably have a case. How long was the furniture in the house before you noticed the problem? Have you put the furniture store on notice of your claim? I would demand they give you a full refund, take their furniture back, and pay for your cleaning/extermination expenses. Also, if you have any bites and needed medical attention, you should include that as well.


The are rules regarding the sale of used mattresses. If the mattress was sold to you as "new" when it was actually "used" and infected with bed bugs, you would likely have a case for breach of contract, fraud and related statutory claims against the dealer. You should demand a full refund for the mattress and extermination. If you were injured, you should also receive medical care and treatment. Contact a local lawyer for consultation and advice.

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