Do I have a case for laundry detergent allergen that is irremovable and can’t be washed out

Severe allergic reaction to a Tide laundry detergent variant. Allergy test from doctor confirmed link of detergent with severe dermatitis breakout but complete list of chemical components aren’t available. Chemical allergen doesn’t wash out of clothing or washer dryer and spreads fluidly to all clothes, furniture. Had to cut 10 years worth of hair and looking to sell car after it has been contaminated Deep cleaned, air filter switched. Despite best practice suggested by manufacturer, chemical allergens don’t wash out. Lost wages, medical bills, furniture, wardrobe, hair, and vehicle replacement costs. Currently buying clothes day-to-day as they can’t be cleaned once contaminated.

Asked on November 20, 2018 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you would not have a case because if you are simply allergic to the chemical or formulation, that does not not mean it is inherently dangerous. Only if it is inherently dangerous to all or most people might you have a claim; but if it is safe for most but a small subset of people, the the manufacturer did nothing wrong and is not liable. It's like with peanuts: some people are deathly allergic to them, but only a relatively small number, so peanut growers/packegers are not liable because there is nothing broadly or generally unsafe after them.


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