Q: If a product label advertises with one thing then in the box the warning label says you can't use the product as stated.
The box says trailerable and that is the main selling point. The warning label in the box states do not trailer. is there a case here where I could get punitive damages I can hardly sleep knowing that this company has deceived thousands of people with no repercussions. I am beside myself with anguish to think that America has come to the point where a company can say whatever they want to sell a product. The selling points don't have to be true as long as there is a warning label inside the box warning you not to use it the way the box said you could. I mean the only reason I bought the dang thing was because it said I could use it in fact it said it was "designed to be trailerable." But then the warning label said "do not use wile trailing or towing a vehicle." Do I have a case, that I could make some money on?
A: A Kansas attorney could advise best, but your question remains open for two weeks. It's difficult to determine what the damages would be here. It could be considered a misrepresentation that a purchaser argues as being intentional in nature, to induce people to buy the product. The manufacturer or distributor could claim the misrepresentation was negligent, or innocent, in nature. It does not appear to be a case that an attorney would be able to handle on a contingency, based on the uncertainty of damages. A Kansas attorney could possibly advise more meaningfully in terms of whether state consumer laws address such a matter. Good luck
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