I purchased some cosmetic products from a new online company. My package came with pet hair and dander of some sort. I had an allergic reaction and had to use my EpiPen to stop my throat and hands from further swelling. What are my rights?Thank you for such a swift reply John! I purchased hair care products from an Etsy.com seller. They arrived with pet hair and dander inside the package, specifically on the outside of the bottles with hair visible under the shrink wrapping. My throat and hands began to swell from handling the products. I am extremely allergic to certain pets. I had to use one of my EpiPens to stop the reaction. My throat and hands have since returned to normal. I have the products and the box they came in on my porch in a plastic bag. I have not gone for additional medical services. I have contacted the company. What should I expect as a response?
You may receive a letter of apology and discount coupons or gift certificates. Although a cosmetic product that is packaged withpet hair and dander is "defective," you apparently did not suffer dmages sufficient to justify a lawsuit. If your suffered injuries sufficient to obtain medical treatment, I would have recommended that you speak to a personal injury or product liabilty lawyer. However, in the absence of special damages (medical expenses, loss of earnings, etc.), it is unlikely that a jury will award much compensation for general damages (pain and suffering, etc.).
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
A better description of your damages is needed.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Unless the pet hair/dander was actually IN the product and not just the outer packaging, I don't think you have a case. I understand how severe your allergies are, but it really is no different than buying a product in a store that has some pet hair/dander is on the packaging. It is not possible to remove every potential allergen and it is simply not required by the law. In addition, if the company is not located in your state, you are facing a very expensive and very time consuming lawsuit.
Asking for a refund is probably the best you can hope for.
If we do not have a signed fee agreement I am not your attorney and this is not legal advice.
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