Legal Question in Product Liability in California
fake diamond sold as real (bought 10years ago) but just found out, can i sue?
I purchased my diamond wedding ring at a local jewelry store about 10 years ago. It has not been off my finger other than to be cleaned or fixed at the same store. Recently I noticed that the diamond has scratches on the surface. I went to another jewelry store and asked if a real diamond could get scratched as mine was. They used a diamond tester on my ring and said that the main central diamond was fake but the the ones surronding it are real. Can I sue the jewelry store for selling or (switching the diamond when being cleaned or fixed) a fake diamond?
2 Answers from Attorneys
Re: fake diamond sold as real (bought 10years ago) but just found out, can i sue?
Yes, I think you can. The issue is whether anyone else could have switched the diamond. How much is it worth? Give me a call or an email.
Re: fake diamond sold as real (bought 10years ago) but just found out, can i sue?
I keep thinking that I have seen every fact pattern, but again, I am presented with a new one.
This depends on how the ring was represented to you at the time of the sale, whether or not you can have an expert testify on your behalf, whether or not you still have the receipt, or any documentation showing that you purchased the ring at a certain price. In any event, I cannot see this matter being beyond a small claims hearing.
Some may say that 10 years ago is too long to bring any lawsuit, but you can agrue that "The statute begins when you learned of the fraud" Remember, the place where you purchased it from may have been sold to a new owner, and whether or not you would sue the new owner, or the prior owner would depend on their sales agreement with one another.
Let me know how this plays itself out.
Good luck.
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