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

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

Posted

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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

"Bob Dole" :)

Posted

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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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Posted

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. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising

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Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

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

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Posted

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

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Posted

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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.

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1 comment

Jeffrey Mark Adams

Jeffrey Mark Adams

Posted

Some people like their sardines with cream. As for me, I don't like them with or without cream.

Posted

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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Posted

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

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