Can I sue a company for sending me a personal hygiene product for my baby that is riddled with mold?

I received a pack of diaper wipes from a monthly service diaper provider that had wipes that were covered in mold. Can I sue them for this? Subsequently, I am now being told by the company that they are no longer selling diaper wipes

Asked on April 27, 2017 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the company for breach of contract for providing moldy diaper wipes.  You can file your lawsuit in small claims court.  It is probably not worth pursuing because the court filing fee is probably more than the cost of the diaper wipes.
Your question was under the category "personal injury".  This is NOT a personal injury case because your baby was not  injured. If your baby had been injured by the moldy product and that injury was documented with medical treatment, then there would be a personal injury case.


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