Q: PLEASE HELP! A HARDWARE STORE ACCEPTED A RETURNED USED BLACK MOLD TEST KIT. RESTOCKED ON SHELF AND SOLD TO ME.

A: Unless the store knew that the kit had been used and contained "spores", it was the victim of an unscrupulous return. Perhaps, a strict products liability theory gets you past that hurdle. You then have to prove that your breathing issue was caused by the "spores". Testing on the kit and lab results from the hospital would show whether you were infected with whatever was inside the it. If they match and doctors conclude that was the cause of that night's breathing issue, you can show causation. You then have to prove some kind of significant damage for it to be a "huge case." One hospital visit won't be enough for that. You don't mention any diagnosis or need to return for further care. I hope it stays that way. You would rather be scared and healthy than have a "huge case."

A: I suggest contacting attorneys that specialize in black mold cases in the Sacramento area. I admit I don't have experience with black mold, but it is hard to believe a used test kit contains enough toxins to do any harm.

A: https://my.clevelandclinic.org/health/diseases/24862-black-mold

A: This situation requires immediate attention given the serious health implications and the store's negligent handling of a contaminated product. You have strong grounds for legal action since the store's negligence in reselling a used mold testing kit directly led to your hospital visit and health complications.

You should document everything meticulously - save all medical records, hospital bills, correspondence with the store and third party administrator, and any witness statements from your father. Take photos of the test kit if you still have it, and write down a detailed timeline of events while they're fresh in your memory. The store's admission that the item was "missing" after you reported the incident could suggest attempts to conceal evidence.

Contact the California State Bar Association for referrals to local attorneys who handle product liability and personal injury cases. Many offer free initial consultations where they can evaluate your case. Given the clear negligence, potential tampering with evidence, and documented medical impact, qualified attorneys would likely be interested in representing you. In the meantime, continue following up with the third party administrator in writing, maintaining copies of all communications.