Kearny, NJ asked in Products Liability for New Jersey

Q: I have diabetes and almost died because my sugar tablet didn't work. Can I sue the company?

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1 Lawyer Answer
Robert D. Kreisman
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Robert D. Kreisman
Answered
  • Products Liability Lawyer
  • Chicago, IL

A: This unfortunate result that you describe is not a case I would handle because of the lack of damages. Many people have asked a similar question to the effect that "I was being treated at a hospital", "I was in a car accident", "I almost fell at work", but was not really injured, but "I almost died". Most lawyers who handle product liability injury cases would not be able to assist because of the lack of significant reported damages, but you may be made a part of a larger pool of individuals who would rightly claim that the product did not work the way it was described, marketed and promoted. That may be a breach of implied warranty of merchantability.

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