Can the company be made to fix what was damaged by the product?

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Can the company be made to fix what was damaged by the product?

I used members mark oven, grill
fryer cleaner on a fryer basket in
a stainless steel sink. The
cleaner messed up the stainless
steel sink. I contacted the
company and they said that i left
the cleaner on too long. I left it
on for no longer then an hour and
a half. The bottle says 1-3 hours.
Can the company be made to fix
what was damaged by the product?

Asked on January 26, 2017 under Business Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In theory, the company can be made to fix or pay for the problem. In practice, there may be no good way to do so. In order to do so, you would need to file a lawsuit and in court prove:
1) That you used the product properly, according to all directions; and 
2) That the product (and/or its directions for use) is defective in some way--that is, when used properly, it will damage the materials it is meant to clean.
#2 is the real problem for you: you will need expert testimony, such as by having the product tested by some reputable lab, which uses scientific procedures to find, document, write a report about, and if necessary, testify (in court) about the defect. This will likely (indeed, almost certainly) cost you more (likely significantly more) than the cost of the sink; since you cannot recover your litigation costs (like for the expert testing, etc.) in most cases, you could easily spend more on the case than you will get back.


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