I bought chicken feed from petsbarn that is infested with ticks. Today one of my chicks is dead. Not sure what to do.
You should consider preparing a letter to mail by certified mail, return receipt requested, to the seller to set out the facts and to request the relief that you want. Attach to your letter support for your position. If you have a veterinarian diagnosis as to how the chick died, attach that as well. If not, you may consider getting one. Make sure that the letter is professional and businesslike, as it may be evidence later.
Incidentally, I thought that chickens ate insects.
First thing throw out the feed. Any insecticide that kills the ticks may be a residual danger. Second, you have not stated the cost involved to determine if legal action is merited, so I assume it is small. Third, I assume you can buy a warranted infestant free feed, but you did not because of the price.
If it is an infested commercially available product, report to Dept of Ag. If it is just something you bought as a local commodity, they may not take the report. Lastly, I assume you received no warranty other than what is generally given with ag products, which I have not researched.
Given the above, it does not appear the cost of pursuing it is justified since you have lost 1 chicken plus the cost of the feed, plus the cost of disposing of it.
My answer is not a legal opinion and is not made to you or anyone as a client. it is primarily practical advice in connection with how these matters should be handled based on 43 years of experience, as a former Tort/ Product Liability Adjunct Professor, and having handled and tried to a verdict many product liability and liability cases.
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