What can I do if my contact lenses broke in my eye twice when I was trying to take them off?

I bought daily-through contact lenses from a large national retailer this year. I did not use this contact very often. Then, 2 weeks ago, a contact lens broke in at least 4 parts in my right eye when I was trying to take off. I thought it was my fault. So I just went to the hospital and a doctor helped me take 1 part off. However, this happened again last night. I am sure that I use the right way to take them off from my eye. This time it broke into 3 parts in my left eye. And I went to the ER again. I think this is the store’s responsibility that they need to say something. However, when I went to the store today, their staff was very rude and do not admit that it’s their fault. What should I do? I am very worried about there may been some small parts left in my eyes.

Asked on July 9, 2017 under Personal Injury, Alaska

Answers:

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

Answered 3 years ago | Contributor

Both the manufacturer of the contact lenses and the store where you purchased them are liable for your injury.
The manufacturer and store are liable for negligence and strict liability.  Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.  Costco is liable even if it could not have known the contact lenses were defective.
Strict liability imposes liability whether or not due care was exercised.
Prior to filing a lawsuit against the manufacturer and store, it may be possible to settle the case with their insurance carriers.
Your claims filed with the insurance carriers should include your medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement.  The medical reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carriers for both the manufacturer and store where you purchased the contact lenses, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence and strict liability. Negligence and strict liability are separate causes of action (claims) in your lawsuit.  If the case is settled with one, but not both parties (manufacturer and store), only name the party with whom the case has NOT settled as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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