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Can I sue??

Cleveland, OH |

I went to Walmart the other day and bought some minute maid juice drank it and felt sick after wards I went to Walmart a few says after and noticed a display of mold growing under the juice cartons so I took a picture !! Is that a lawsuit??

Attorney Answers 4

Posted

Unless you suffered some sort of an injury (or, damages), you do not really have enough to take any kind of legal action. Did you go to the hospital or doctor following the incident? If so, did they run any lab tests (e.g., a stool sample)? If so, did they find Salmonella, E.coli, etc.? How long were you sick for? (Because one day's illness would likely mean a small recovery, in the event of a lawsuit.) Do you still have your receipt? Do you still have the product? If so, and if your lab test results warrant, then the juice needs to be tested ASAP (because it's not getting any fresher). (Note that testing such products could be expensive.) Also, who is keeping the juice and where (because chain of custody may end up being an issue, as well)? The bottom line is, assuming that you suffered damages, there tend to be problems with causation when it comes to these types of cases.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Posted

I would not think in terms of a lawsuit, no. At least you have a nice picture of mold to remember this experience by.

This is AVVO, a place for users to obtain general legal information to general legal questions. I am glad to help you in any way I can, within those limits. I wish to make clear I am only communicating with you for the sole purpose of exchanging such general information, and nothing more. It is not legal advice, which I can not provide because among other reasons I know few of the necessary details of your situation. I do not purport to represent you in any way, shape or form. Of course, if you would like to seek out my services, and if you are a NY resident, I will probably not put up very much resistance but representation would still necessitate a signed retainer agreement between yourself and I. Thank you.

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Posted

If you are now better, the answer is no. If you have recovered with no long term ill effects then even if you could prove the juice was the cause of your "illness" the cost and risk of pursuing a claim would far outweigh any potential recovery.
If you have any intention of pursuing this further, save what's left of the juice.

If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

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Posted

Without an injury, a lawsuit would be fruitless. Return it for a full refund, and perhaps some coupons.

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