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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My pet was badly injured in the eyes, by a petco product that

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My pet was badly injured in the eyes, by a petco product that is sold in the eye care section. We placed the product in her eyes and only does it say in very small letters on the back of the bottle for external use only ( a hair whitener). She received bad ulcers from this product, and no one will return my calls from their main offices. The emergency hospital I took her to said this product is very mis-leading. What are my options?? The cost of her having to see the doctor everyday until her eyes heal up are stacking up and it been a week since the injury happened and they steal look pretty bad. Please advise me on what can be done?? Thanks!
In a product liability claim for failure to warn, which is what you are claiming here, you have to prove that the notice was inadequate and upon proving this then you would be entitled to the actual damages you have incurred for the damage to your property as a result of using their product. Dogs are considered property, so this would be no different than if you used the product on your floor and it damaged your floor, the actual damages you incurred would be all that is recoverable. You have a claim and since they did give a warning you would have to argue the warning was inadequate because the warning was not visible and placed in a place that was not conspicuous to the user combined with the fact it was sold in an eye care section. If they do not settle you would have to sue the manufacturer of the product as well as the store for placing the product in a section for eye care products.


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