Had allergic reaction to a product and no warning label any where on package. None on web site to find out highly toxic and causes exactly what happened.

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Had allergic reaction to a product and no warning label any where on package. None on web site to find out highly toxic and causes exactly what happened.

Swollen hands,whelts and rash on arms,
breathing difficulty had to use
nebulizer and epi pen

Asked on March 29, 2018 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the manufacturer and store where you purchased the product, it may be possible to settle the case with their insurance carriers. Notify the insurance carriers in writing of your personal injury claim.
After completing your medical treatment and being released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the insurance carriers for the manufacturer and store should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for both the manufacturer and store, NO lawsuit is filed.
If you are dissatisfied with the settlement offers , reject them and file a lawsuit for negligence and strict liability against the manufacturer and store. Negligence and strict liability are separate causes of action (claims) in your lawsuit.
Negligence on the part of the manufacturer is the failure to exercise due care (to include warnings on a product that is inherently dangerous) to prevent foreseeable harm. Strict liability imposes liability whether or not due care was exercised.
The store is liable even if it could not have known the product was inherently dangerous.
If the case is settled with one, but not both parties, (manufacturer and store), only name the party with whom the case has not settled as a defendant in your lawsuit.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights in the matter forever.


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 AttorneyPages.com 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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