Legal Question in Consumer Law in Virginia

bed bug in brand new mattress

Dear attorney,

I got bed bug in our house after we purchased a new mattress and box from Macy's. My two year old, my husband and I all got bites. After I called Macy's, they told us to trash them. But, we had to do the pest control for the whole house and wash all the cloth, ect. Macy's refused to compensate any of those costs. This is not just affect us, I am afraid that Macy's will distribute more bed bugs to the public in this way. Macy's told me that they aren't responsible for it, because the manufacturer shippped it to our house directly. I warned them that I may find an attorney, but I was told that the letter will be forwarded to the manufacturer. I wonder if this is a case that I can get leagal help. Also, what kind lawyer I should look for?


Asked on 1/21/09, 2:42 pm

2 Answers from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: bed bug in brand new mattress

Any kind of lawyer that will agree to help you.

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Answered on 1/21/09, 2:52 pm
Jonathon Moseley Moseley & Associates Law Firm

Re: bed bug in brand new mattress

Whether you have a good case or not, there are lawyers who would line up outside your door to take such a case (except that your total dollar damages are probably large by your standards, but not huge overall).

Macy's is wrong in terms of being liable. An attorney would sue BOTH the manufacturer AND Macy's and anyone else nearby, and let the Court sort it out. Of course there is no problem with you contacting the mfgr if Macy's will give you their information.

TROUBLE IS you will have to prove that the bed bugs came from the new bed, rather than somewhere else. The fact that it is a brand new mattress never used makes this harder to believe. And you will have the burden of proving that.

The most appropriate kind of attorney to handle this case, I think, would be a "product liability" lawyer. You can search at www.Martindale.com

However, if you want someone to take it on contingency, without paying up front, you might try any lawyer who advertises for "personal injury" or car accidents or medical malpractice. Those are the ones most likely to take a case on contingency.

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Answered on 1/21/09, 2:59 pm


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