Can I sue sardine company for hurting my hand while opening can that was defective?

Asked over 1 year ago - Long Island City, NY

I was opening a can with pull up top when it got stuck, I took a firmer grip and pulled harder, the top cut into my hand causing laceration requiring emergency room visit and 3 stitches. I believe because the can is so thin and narrow, it is very prone to injuries.

Attorney answers (9)

  1. Jeffrey Mark Adams

    Contributor Level 20

    14

    Lawyers agree

    Answered . While I genuinely feel bad that you were injured, in this lawyers view, this is not a case. Always get further opinions. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

    13

    Lawyers agree

    Answered . Can you sue? Yes. Will you succeed? That's another question altogether. In general, this would be a products liability case against the Tuna company, the manufacturer of the can and anyone else within the distributive chain. In order to succeed, an attorney will need to hire an expert to show that the can was defective. Assuming you find an expert willing to testify that the can was defective, It will be costly. If your damages and injuries are limited to a laceration with 3 stitches, it may not be financially viable for an attorney to undertake the matter. If you have additional dangers such as permanent nerve damage or horrific scarring, it may be worthwhile to pursue. My general feeling is that this is not the type of case that I would get involved in, but I'm sure there are attorneys who would. Speak to several lawyers in your area if you wish to pursue this matter. Good luck.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  3. Brian C. Pascale

    Contributor Level 18

    11

    Lawyers agree

    Answered . I have to agree with my colleague, Mr Adams. This would fall under a Products Liability case and it would cost more to bring the action then it would ever possibly recover. As Mr. Adams also stated, and I agree, you should always get another opinion.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more
  4. David J. McCormick

    Contributor Level 20

    11

    Lawyers agree

    Answered . You have limited damages and the costs to hire an expert witness will be thousands of dollars more than your case would ever be worth.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Craig A. Post

    Contributor Level 17

    8

    Lawyers agree

    Answered . While I never advocate bringing a claim without an attorney, it will likely be difficult for you to find one to handle this for you. Consult with an attorney and when you're satisfied that you've exhausted that option, you can always contact the company and make your case. The company may offer some sort of compensation.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  6. Robert Bruce Kopelson

    Contributor Level 20

    9

    Lawyers agree

    Answered . You can sue, but doubtful you'd collect. Perhaps they would make a nuisance settlement with you.

  7. Michael J Palumbo

    Pro

    Contributor Level 19

    6

    Lawyers agree

    Answered . It could be a viable design defect case, however your injuries are to deminimus for a lawsuit.

  8. L. Maxwell Taylor

    Contributor Level 20

    7

    Lawyers agree

    Answered . Costlier to sue and prove your case than the case would be worth.

  9. Timothy Leo Bowden

    Contributor Level 14

    6

    Lawyers agree

    Answered . i think this would be a very difficult case. there will be comparitive fault
    issues in the steps you took to get it open with knowledge that it got stuck.
    call someone local but i dont think there is a claim.

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