Can the company be made to fix what was damaged by the product?

UPDATED: Sep 30, 2022

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Can the company be made to fix what was damaged by the product?

I used members mark oven, grill
fryer cleaner on a fryer basket in
a stainless steel sink. The
cleaner messed up the stainless
steel sink. I contacted the
company and they said that i left
the cleaner on too long. I left it
on for no longer then an hour and
a half. The bottle says 1-3 hours.
Can the company be made to fix
what was damaged by the product?

Asked on January 26, 2017 under Business Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In theory, the company can be made to fix or pay for the problem. In practice, there may be no good way to do so. In order to do so, you would need to file a lawsuit and in court prove:
1) That you used the product properly, according to all directions; and 
2) That the product (and/or its directions for use) is defective in some way--that is, when used properly, it will damage the materials it is meant to clean.
#2 is the real problem for you: you will need expert testimony, such as by having the product tested by some reputable lab, which uses scientific procedures to find, document, write a report about, and if necessary, testify (in court) about the defect. This will likely (indeed, almost certainly) cost you more (likely significantly more) than the cost of the sink; since you cannot recover your litigation costs (like for the expert testing, etc.) in most cases, you could easily spend more on the case than you will get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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