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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110442
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Oxygen washer that fits under the regulator was missing. If

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Oxygen washer that fits under the regulator was missing. If I would have had to use the oxygen transporter, just by turning it on all the oxygen would have escaped and I would not have had any oxygen, This was noticed by another Oxygen Co. that was exchanging my tanks from another Co. I thought all equipment was to be inspected especially when it's a persons life involved. If I tell the Co. about this, I'm sure they'll blow me off and say mistakes are made. No, a life could have been taken
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Was any actual damage suffered by you as a result of this missing washer?

What is your actual question for us about this issue and what are you expecting from the other company?
Customer: replied 3 years ago.

If I would have used it during a power outage, as we had a terrible storm last evening, I would not have had any oxygen. No actual damage was suffered at this particular time. I can't put a price on a life, but I was looking for more than a slap on the wrist.

Thank you for your response.

I agree that you cannot put a price on life, but under the law, the courts can only handle cases where there are controversies, which is in the US Constitution establishing jurisdiction of the courts. What this means is a court cannot hear a case on something that has not yet happened or that might have happened but did not happen. Thus, all you have at this point is a missing washer, that is the sole harm you have suffered, and that is a property claim. On property claims, the law says you can only recover "actual damages," meaning damages you actually suffered. Therefore, if you lost oxygen and had to replace the tank sooner than you would have if the washer was in place, then they owe you a tank of oxygen, but other than that, legally if you were to go to court, the court is forced to follow the laws and US Constitution and can only award you what you actually have lost I am afraid.

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