Can I sue?

Asked about 1 year ago - Altamonte Springs, FL

buy some Goya frozen plantain at Walmart a week ago. Tonight 6/24/13 fixing dinner I cook the first half of the plastic bag plantains, when pouring the second half, a cockroach jump first.

Attorney answers (8)

  1. Felipe Bastos Fulgencio

    Pro

    Contributor Level 11

    10

    Lawyers agree

    Answered . In order to have a viable claim here, you would have to prove that Walmart was at fault for the roach being there (or some other entity). This will be nearly impossible to do.

    Even if you were to overcome this burden, you would still, in order to collect anything, prove your damages, which, from the facts you set forth, are non-existent.

  2. Todd J Stabinski

    Pro

    Contributor Level 9

    8

    Lawyers agree

    Answered . You would need to prove that the roach was there before you purchased. Secondly, if no one ingested the tainted food, there would be no cause of action for personal injury.

    Todd is a partner at the law firm of Stabinski & Funt, P.A., specializing in accident and insurance claims.... more
  3. Eugene P. Castagliuolo

    Contributor Level 16

    5

    Lawyers agree

    Answered . Not successfully you can't.

    I often take cases other attorneys won't, so call me for a free consultation. My number is 727-712-3333, or you... more
  4. Don Paul Harvey

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . So you had frozen plantains, and a live cockroach jumped out of the bag? No, don't think you will be very successful on that one.

  5. Leroy Brenardo Scott

    Contributor Level 11

    6

    Lawyers agree

    Answered . You would have a big problem proving damages. You would also have a problem proving that Walmart caused the roach to be there.

    I hope this information answers your question. If you need more information, simply add a comment or call me. Good... more
  6. Nick Jay Dorsten

    Contributor Level 19

    3

    Lawyers agree

    Answered . What permanent injury or damage did you suffer?

  7. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . I knew cockroaches were tough but I didn't know they could be freeze dried and come back to life. Did it survive the boiling water too? Maybe if it attacked you, you could make a claim, but if there is no damage, live and let live.

  8. Josh P Tolin

    Contributor Level 19

    1

    Lawyer agrees

    Answered . No damages, no lawsuit. Take your receipt and get your money back.

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