Can I sue??

Asked about 1 year ago - 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)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

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

  2. Malosack Berjis

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Robert A. Stumpf

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  4. Philip Anthony Fabiano

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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