Chicago, IL asked in Consumer Law, Contracts, Business Law and Products Liability for California

Q: Can I sue a business for selling a medical device without verifying my license?

I purchased a medical-grade device from a business that did not verify whether I have the proper license to use it. The company claims you don't need a license to own it, but industry standards and my research indicate that a license is required for business use. They provided minimal training, leaving me uncertain about the machine's effectiveness. They also added that I cannot sell the product without their permission. I've expressed dissatisfaction with their tech support and requested a refund since the machine didn't meet my expectations, but I haven't reported them yet. Can I sue them for unsafe or illegal business practices?

2 Lawyer Answers

A: If you can establish they were prohibited by law from selling it to you perhaps you have an argument. Admitting you have been using it illegally is a problem that would likely have consequences. For you to be absolved of any responsibility for not knowing you had to be licensed seems very unlikely. Of course, not knowing what the equipment is and much more information prevents a comprehensive analysis of your situation. Although yoother post does provide insight.

James L. Arrasmith
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Answered

A: You have a complex situation that involves both consumer protection and medical device regulations. The ability to sue would largely depend on whether the device is legally classified as requiring professional licensing for purchase and operation in California.

Your first step should be documenting all communications with the company, including their claims about licensing requirements and any promises made about training or support. You'll also want to gather evidence of industry standards showing that proper licensing is typically required for business use of this type of equipment.

Before pursuing legal action, consider filing complaints with relevant regulatory bodies like the California Department of Consumer Affairs and the FDA's MedWatch program. These agencies can investigate potential violations and may help resolve the issue without court involvement. You might also benefit from consulting with a consumer protection attorney who can review your specific case details and advise whether you have grounds for litigation based on misrepresentation or unfair business practices.

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