Can a person bring a personal injury lawsuit against maker of food after finding bugs

Asked almost 5 years ago - Chester, SC

I ate half of the food me and my kids and boyfriend. we notice the bugs in the food.

Attorney answers (4)

  1. Dennis M Laccavole

    Contributor Level 6

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    Answered . The law considers the sale of food to be a sale of "goods" as defined by the UCC (Uniform Commercial Code). The seller of the food breached a warranty to you that the food would be fit for the purpose for which it was intended, the so-called warranty of fitness for a particular purpose.

    The breach of the seller's warranty is only half of the equation, however. To sustain a lawsuit you would also have to prove that you were injured or sustained damages. That may be difficult in a case like this.

    Rather than make a claim in a lawsuit you may find it more productive to contact the seller and complain about this experience. If this doesn't resolve the issue you can also register a complaint with the BBB or the local Board of Health.

  2. Pamela A Wilson

    Contributor Level 14

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    Lawyer agrees

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    Answered . You have not demonstrated that you were injured by the food or that you did not do anything yourself to cause the bugs to get into the food. You would have had to get stool samples, and have other tests run to prove any claimed damages and that they were caused by the food and that you acted reasonably in eating it. I agree with Mr. Brinkmeier.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . You will need to prove damages to be successful. Disgust about a bunch of bugs will not be enough to make a lawsuit worthwhile.

    Take the infested product back to the store and perhaps you will get some coupons and an apology.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . Believe it or not, these are tough cases. You must have at least the following things:
    (1) The receipt proving you purchased the food item.
    (2) Preferably a report from the local health officer indicating that you reported the incident and that they investigated and confirmed the insects.
    (3) Witnesses to the incident.
    (4) Photographs taken immediately on scene of the insects.
    (5) Witnesses showing the chain of connection between purchase of the food to your opening and consuming the item, eliminating the potential for introduction of the insects.
    (6) Medical reports for treatment of your injuries. Emotional distress injuries are disfavored by the courts without proof of physical symptoms.

    Personal injury attorneys usually give an initial consultation free. I have handled food cases and they are very very difficult. I screen out the cases that I do not think have the potential for recovery. The above guidelines are my own, but the law is complex and varies from state to state. Get professional advice from a local attorney.

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