Hi:I had a plastic bottle of odor eliminator sold by a local flooring company and packaged and manufactured by Mohwak that leaked through the plastic and ruined a wood desk.Do I have any rights in this -- can I ask them to pay to have my desk refiinished?
State/Country relating to question: California
How did it leak through the plastic? Was there a hole in the bottle?
no, there is no hole. I did leave it out over a weekend when the temperature outside hit 100 degrees -- my house was airconditioned down to 78 degrees -- I was away for the weekend and found it when I got home on Sunday afternoon. No additional liquid has leaked out since.
Any idea on how it could have leaked out?
I don't -- I was thinking it was the heat that may have caused it -- which is why I think they should be responsible -- their packaging failed.
Did you leave it out in the 100+ degree hear or in the home where it was 70s?
It was 100 degrees outside, but 78 in my house.
You could sue them in small claims court but your problem is going to be proving how the damage occurred. If the bottle is not defective (i.e. punctured) and there is no explanation as to how they were negligent then you aren't likely to win. If you can prove they were negligent or the bottle was defective then you should be able to recover the amount needed to refinish the desk.The obvious defense by them will be that nothing they did caused the problem, someone must have spilled it, so you will have to be prepared to prove to the court what happened.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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