What is the statute for action against a manufacturer of a toothpaste product for damages?

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Sprucing up for an event tried a whitening toothpaste product two months before. It worked. Stopped product use after event. Slowly noticeable staining on some teeth. Dentist asked if I used anything different? I said whitener product. He said he could not remove it using whiting treatments. Hygienist said those products DO that. It is permanent. Dentist would not write letter. I said if this goes to court I might have to subpoena you to testify. He said OK, after that I am not your dentist. Company admitted their product can stain teeth. I suggested small claims amount and they said no, but we will pay to have your teeth re done (costing thousands of dollars). I said so you force customers to consider full mouth treatments rather than pay a damages fee? I also said nothing on box told me my teeth would be stained, permanently and that it couldnt be removed. They acknowledged that and said they werent changing that. I said who would use the product then? Not sure if personal injury and/or product negligence. Especially since company knows about it (and dentists). Rather than debate cause, can you tell me statute for damages? Thank you.

3 Attorney Answers

Best Answer
Three year statute of limitations but you may be best served bringing this to class action counsel as to bring a products liability suit for these damages is not economically feasible and your dentist even if served with a subpoena cannot be forced to give opinion testimony.
There are many laws and court cases related to damages and negligence. There is not one spot to point you for the laws on damages in New York State.
Generally, damages are awarded to make you whole as if the wrong was never done to you. In this case, there may be a class action already filed against the manufacturer if the problem is so widespread. See below about something that sounds similar to your issue.
http://www.law360.com/articles/182298/p-g-ends-tooth-staining-mouthwash-class-action
Yiu have three years in a case such as fhis to file suit.

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