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Hi: I had a plastic bottle of odor eliminator sold by a local

 
JD 1992's Avatar
  • Answered by:JD 1992
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Customer Question

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

Submitted: 307 days and 14 hours ago.
Category: Consumer Protection Law
Value: $45
Status: CLOSED
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Expert:  JD 1992 replied 307 days and 14 hours ago.

How did it leak through the plastic? Was there a hole in the bottle?

Customer replied 307 days and 14 hours ago.

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.

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Expert:  JD 1992 replied 307 days and 14 hours ago.

Any idea on how it could have leaked out?

Customer replied 307 days and 14 hours ago.

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.

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Expert:  JD 1992 replied 307 days and 14 hours ago.

Did you leave it out in the 100+ degree hear or in the home where it was 70s?

Customer replied 307 days and 14 hours ago.

It was 100 degrees outside, but 78 in my house.

Accepted Answer

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Expert:  JD 1992 replied 307 days and 14 hours ago.

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.

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Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.5 %
Accepts: 1845
Answered: 6/26/2012

Experience: Began practicing in 1992 and handled many cases and trials for consumers

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