Legal Question in Consumer Law in Florida

Recourse resulting from purchase of defective merchandise

Purchase a $4000 ring (canary diamond) 4Nov08, presented as gift 25Dec08, and on 31Dec08 the stone fell out of the ring while eating at a restaurant (not physically active event). Searched entire dining area and took trash bags home to search --did all to find gemstone without success. Bought using AMEX card, disputed such with them, but in the end, they claimed could not do anything. Vendor (Diamond International) claimed their warranty is for 30 days from purchase so not their problem. DI is headquartered in NYC with stores throughout the Caribbean and this was a main reason AMEX would not help us at all. DI was highly recommended by staff onboard the Carnival Cruise we were on for our Mexico/Belize/Cayman tour.

Is their a claim I could file against DI for manufacturing and selling a ''grossly'' defective ring at $4000 in Hillsborough County, FL?


Asked on 4/20/09, 3:41 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Recourse resulting from purchase of defective merchandise

Yes. You can file a claim in small claims court. You will need to prove that the setting was bad and that the stone did not dislodge for another reason. Check yor homeowner's coverage.

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Answered on 4/20/09, 9:31 pm


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