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Can I sue the retailer or manufacturer for a defective product

Houston, TX |

warning this is gross. but this happened today. I bought a box of tampons from (name of retailer omitted) for my daughter. My daughter called me from work and told me she went to use a tampon that had not been open an found it had been used. In other words someone used a tampon and put it back in the applicator resealed the outer paper and put it inside of the box.

How should I handle this? Do we need a lawyer? This is very unsanitary and no telling if person had AIDS etc...

thank you

The box was sealed when purchased. It had to have happened at the manufacturer. So what are you saying just to drop it.

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Attorney answers 3


You need a lawyer if you plan on suing the sams for emotional distress, etc. If you just want to file a complaint with their company, no attorney is necessary. I personally feel this is very uncalled for. I can only imagine their response when you explain what happened.

Shahin Zamir


You may want to contact a personal injury attorney to discuss this situation further. This is a very unusual situation to say the least. It's possible if you contact the store and the manufacturer of the tampons they may offer you sufficient compensation that there is no need to hire an attorney. How you proceed depends on what kind of response/compensation you are expecting from the store and/or manufacturer.

If you have additional questions, feel free to contact me.

This response is for informational purposes only and is not, nor is it intended to be legal advice. No attorney-client relationship is created by this answer. An attorney-client relationship may only be created by written agreement of the parties. This information is not a substitute for seeking legal counsel from an attorney with whom you have an atttorney client relationship along with all the privileges that relationship provides.


Consult a qualified lawyer to review and see if you have grounds for a case.

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