Legal Question in Consumer Law in Georgia
Hello, I recently received a sample of Purex 3 in 1 detergent in the mail. I washed my professional work shirts (as I assumed it had been tested already) with the sample and it ruined all the articals that were in there. I emailed them and they proceed to send me tips on washing clothes as if I had done something wrong. Not even a simple sorry. What can I do?
3 Answers from Attorneys
No one here can possibly know what happened or make a determination that the detergent was defective, and you did not tell us what actually happened. How are the shirts "ruined?" Otherwise, you can keep complaining as you are doing and maybe you will get coupons or some reimbursement. It is likely not even close to being worth a legal issue, as you would still have to show that 1) the detergent is defective at fault, and 2) that you did not assume the risk.
Much more information is needed. First, what evidence do you have that it was the Purex as opposed to something else that caused the damage? I'm not accusing you, but is it possible that you spilled something on the shirts and that the damage became evident when the shirts were laundered? I have had this happen to articles of my clothing and it was not the detergent.
Second, do you still have the package? If so, it still may have the batch number on it. If the defective product and the other product came from the same batch or lot, it might be similarly defective. If not, you are going to have an impossible time because of the "spoliation of evidence" doctrine. This means that to prove liability in a case, the manufacturer may complain that it does not have the product to test anymore and that it cannot prepare a defense. If the court agrees, out your case goes.
Thirdly, the manufacturer is not going to apologize and certainly not going to replace your shirts absent some proof of liability on their part. If they did this in all cases, they would soon go bankrupt. Liability or payments are only made on a case by case basis. Do you have some proof or are you willing to pay for testing? Try the International Fabricare Institute (now known as the Drycleaning and Laundry Institute). Their website is: www.ifi.org.
They may be able to test your shirts and determine whether the shirts can be cleaned or the cause of the damage.
Calling customer "no service" and complaining will get you nowhere. For a reasonable fee, I am willing to send them a letter on your behalf, but I need to have a good faith basis for making any claim. I need some evidence that their product caused the damage. I also need to know the value of your shirts or what it will take to fix them. This is not necessarily replacement cost. Generally, those whose property is damaged or destroyed are only entitled to the fair market value of what their property was worth. As these were not new shirts but used shirts, they are not going to be worth much. And coupons will not do you much good.
Testing is done on products before they get to market. The problem is that this could have been a defective batch, but if it was, then all the samples from this batch/lot will be equally tainted. If they aren't, then it is very unlikely that this detergent reacted with your clothing and their must be some other explanation.
Feel free to contact me if you would like me to send a letter on your behalf.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in GA, PA & NC
I would suggest writing a short very polite letter to the CEO of Purex (not customer service). Look him up on the internet. Make the tone friendlier than your post. Tell them what happened and enclose the batch number for the sample.
Ask them if they might consider some compensation for the shirts. Don't set a number. They may send a small check or some coupons.
This isn't really a legal matter but this would be what I recommend.
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