基本上您需要證明這是廠商生產上的問題而不是因為您們"操作錯誤"....
在1994 Thomas v. Carter-Wallace Inc.的案件中,類似的案情如下
reading of the complaint reveals the following facts. On February 25, 1992, plaintiff Denise DiPrimeo Thomas went to defendant Tannersville Pharmacy Inc., and purchased a large package of Trojan Brand Condoms. The condoms were manufactured by defendant Carter-Wallace Inc., Manufacturer. Between February 25, 1992 and March 2, 1992, plaintiffs used four of **147 the Trojan condoms during sexual intercourse. At the time, plaintiffs were not married. On March 2, 1992, plaintiffs noticed holes in the foil package which had contained the condom last utilized by plaintiffs. Upon that discovery, plaintiffs examined the remaining unopened condom packages and found two of the remaining packets contained holes. Plaintiffs then retrieved from the wastebasket the three packets of condoms previously used and also noticed holes in those packets.
On March 2, 1992, plaintiff Denise Thomas contacted Pharmacy, informing it of her discovery. Plaintiffs were advised by the Pharmacy to return the opened and unopened condom packets, and they did so on March 3, 1992. On April 1, 1992, Denise Thomas confirmed she was pregnant through the use of a home pregnancy test. The parties married on June 13, 1992 and on December 4, 1992, Denise Thomas gave birth to a child. The child is not alleged to be in other than good health.
In their amended complaint, plaintiffs seek damages for the pain and suffering of Denise Thomas, her lost wages from October 15, 1992 through January 17, 1993, medical expenses incurred for the birth of their child, and loss of consortium of David Thomas during the periods of Denise Thomas's pregnancy and convalescence.
所以回答您問題是,您可以提出訴訟,但是是否能夠成功贏得這個案件就很難預測了.
PS: 1994年的案件最終沒有成案.
在1994 Thomas v. Carter-Wallace Inc.的案件中,類似的案情如下
reading of the complaint reveals the following facts. On February 25, 1992, plaintiff Denise DiPrimeo Thomas went to defendant Tannersville Pharmacy Inc., and purchased a large package of Trojan Brand Condoms. The condoms were manufactured by defendant Carter-Wallace Inc., Manufacturer. Between February 25, 1992 and March 2, 1992, plaintiffs used four of **147 the Trojan condoms during sexual intercourse. At the time, plaintiffs were not married. On March 2, 1992, plaintiffs noticed holes in the foil package which had contained the condom last utilized by plaintiffs. Upon that discovery, plaintiffs examined the remaining unopened condom packages and found two of the remaining packets contained holes. Plaintiffs then retrieved from the wastebasket the three packets of condoms previously used and also noticed holes in those packets.
On March 2, 1992, plaintiff Denise Thomas contacted Pharmacy, informing it of her discovery. Plaintiffs were advised by the Pharmacy to return the opened and unopened condom packets, and they did so on March 3, 1992. On April 1, 1992, Denise Thomas confirmed she was pregnant through the use of a home pregnancy test. The parties married on June 13, 1992 and on December 4, 1992, Denise Thomas gave birth to a child. The child is not alleged to be in other than good health.
In their amended complaint, plaintiffs seek damages for the pain and suffering of Denise Thomas, her lost wages from October 15, 1992 through January 17, 1993, medical expenses incurred for the birth of their child, and loss of consortium of David Thomas during the periods of Denise Thomas's pregnancy and convalescence.
所以回答您問題是,您可以提出訴訟,但是是否能夠成功贏得這個案件就很難預測了.
PS: 1994年的案件最終沒有成案.
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