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Can you sue Dunkin Donuts for pain and suffering from bad milk?

Tunkhannock, PA |

i recently had coffee from their and the milk was bad, i went "#2" uncontrollably at work, had to leave and it was a mess. Can i sue?

Attorney Answers 3


In theory yes. As a practical matter, it may not be worthwhile as there may be fact issues and your damages aren't that great.

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there is liability for selling defective/adulterated food products. you may recall the jewell foods case involving milk that had salmonella in it - we were actively involved in that in indiana. HOWEVER, such a case is difficult to prove and unless you have some lingering illness and you either kept the milk or there was testing such as by the health department or dunkin d admitted the batch was bad, it would be difficult to pursue. if you intend on pursuing you need to talk to a penn lawyer in your area. hope you feel better.

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That is an unfortunate situation. I think the question is not "can" you sue, but "should" you sue. A lawsuit is an expensive and time-consuming endeavor. The nature of a lawsuit is that it only makes sense to pursue one if the potential recovery you will get will outweigh the effort and costs of pursuing the lawsuit. Based on the facts that you provided, it probably does not make sense to pursue a lawsuit unless your damages were significantly more than sickness for one day and a missed day of work.

If there is more to the story, and you actually were sick for a period of time or you were violently sick to the point that you sought medical treatment, then it might be worthwhile to consult an attorney. But if you just felt a ill for that day and made a full recovery in a short period of time, then it is probably not worth pursuing.

Your best bet might be contact the store's manager and explain the situation to them. See if they will refund your money. Check on Dunkin Donuts's website and see if there is a link to customer support and send them an email too.

The information in this post is not legal advice. Do not take legal action based on it. Legal advice can only be given after a genuine legal consultation with an attorney licensed in your state and qualified to address your issue after a review of the specific facts of your case. This post is offered only a guidepost to provide general, non-specific information. If you want meaningful legal advice about your specific case, you must consult an attorney.

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