If it is possible to sue a sex toy company for not providing warnings about the materials their products are made of

UPDATED: Sep 30, 2022

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If it is possible to sue a sex toy company for not providing warnings about the materials their products are made of

I ordered 2 different toys from adamandeve, and they’ve been causing me bacterial vaginosis over and over again. I didn’t realize just until the other day that the chemicals used are toxic or porous, and hold bacteria. It doesn’t say anywhere on their website to use these with a condom, or have any kind of

warnings. This last infection, caused me such pain that I just returned from the hospital being told I now have a very painful cervicitis infection. I’m wondering if I would have a chance at a lawsuit against them?

Asked on September 13, 2016 under Personal Injury, Florida


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

Answered 6 years ago | Contributor

The manufacturer is liable for negligence and strict liability which are separate causes of action (claims).
Negligence is the failure to exercise due care to produce a product that is not defective and/or to provide adequate warnings if the product is inherently dangerous.
Strict liability imposes liability whether or not due care was exercised.
Prior to filing a lawsuit against the manufacturer, it may be possible to settle the case with the manufacturer's insurance carrier.  Notify the manufacturer's insurance carrier that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the manufacturer's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of 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 manufacturer's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the manufacturer's insurance carrier, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer.
If the case is NOT settled, your lawsuit against the manufacturer must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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 AttorneyPages.com 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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