Can I sue a childrens clothing company for personal injury to my infant?

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Can I sue a childrens clothing company for personal injury to my infant?

My 9 month old wore an outfit a couple of times I bought from a designer children’s store in Brooklyn, NY. After approx. 10 washes, my husband noticed a needle from the sewing machine stuck into the seam of the outfit. I inspected his legs and noticed old **** marks as well as fresh blood marks from that needle. The garment was manufactured in China. I have pictures of my son’s his leg as well as the outfit that has the needle in it. Can I sue? Is there anything we can do?

Asked on June 5, 2009 under Personal Injury, New York

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This usually falls under what is called products liability.  The real question is what are your son's injuries?  Are they permanent?  If there are no major injuries, then it is not worth it because the court is going to base its award on that.  Plus, if the injuries are now healed 100%, a jury is not likely going to look favorably at you for bringing this case.  If there are permanent scars and so forth, then i suggest keeping the pictures and seeing a personal injury lawyer who handles matters in rooklyn, NY as you may have a viable case. 

In terms of proof, you'll have to establish the needle was in when you bought the clothes in Brroklyn, and did not get there later. The 10 washes of the clothes may hurt the proof, but if an expert can establish the needle came from the clothing, then you have a decent case.  I would base the decision to pursue this on the injuries.  remeber that a lawyer is going to take at least 1/3 of the proceeds.  For nuisance value, the clothing retailer or manufacturer may pay you 3K to go away, so maybe you can write a letter showing pictures and try to resolve it yourself.  I would do that as opposed to hiring a personal injury lawyer if the injuries are not that horrific.  I would be more happy that your kid is ok.


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