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

UPDATED: Sep 30, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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