Bedbugs in New Clothes Could Breach Warranty of Merchantability, Law Prof Says
A partial bedbug infestation shuttered the Hollister Epic store in New York City on Wednesday, leading a law professor to speculate on the legal ramifications.
A spokesman for the flagship Hollister store, owned by Abercrombie & Fitch, told the Wall Street Journal that management is “taking all necessary steps to eradicate the problem” and the store will reopen soon.
There were no reports in the article that bedbugs were in any of the clothes that were sold, but that didn’t stop a torts law professor from speculating on the scenario.
“Technically it’s a breach of warranty of merchantability,” Fordham University law professor Michael Martin told the Wall Street Journal. “They are defective because they don’t meet consumer expectation. The usual remedy for that, first of all you can get price back and, second, you might well be able to recover for the consequential injuries. I’d be willing to take that case.”
