Could I take legal lawsuit against manufactures for contaminated unsafe packaging of products to be sold and consumed by humans?

Asked 10 months ago - Oakland, CA

I have bought a well known product from stores for years and today I opened the product and noticed worms/ maggots. I then opened another product of same source and found the same thing in this product.

Attorney answers (7)

  1. Christopher John Gansen

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . If you didn't eat it you're not damaged, so not likely.

  2. David Herman Hirsch

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . While I know its upsetting to buy a product and find worms or maggots, in order to pursue a lawsuit you need to have been injured and have damages. Bringing it to the attention of the store or manufacturer is good, but you can't really sue over it and recover anything... Sorry...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Report to FDA

  4. Allister Rex Liao

    Pro

    Contributor Level 11

    5

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    1

    Answered . I agree with the attorneys here that have responded in that while finding worms/maggots in food is disgusting and upsetting, your damages are quite limited under this factual scenario since you didn't consume the contaminated food and/or suffer other harm.

    Notifying the retailer/manufacturer is probably the right way to go about resolving this matter to prevent what appears to be more than an isolated incident of food contamination. Notifying the FDA might also be considered. Depends on how much time/effort you want to spend this.

    You can expect to receive a refund for what you paid for the products. You may even request for coupons or vouchers for free products or other freebies, but that is probably the extent of what you should reasonably expect.

    Hope this information was helpful to you!

    This information is not legal advice, does not create an attorney-client relationship, and is intended for general... more
  5. Andrew Daniel Myers

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . Foreign material in food is disgusting. Looking for legal recoverable damages you're pretty much limited to contract damages, which is the value of the food, or emotional distress damages. Here's why the responses here indicate low value on a claim: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  6. Rixon Charles Rafter III

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Of course you can.

    Whether you can win is a whole different matter.

    See a CA attorney ASAP.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more
  7. Philip Anthony Fabiano

    Contributor Level 20

    5

    Lawyers agree

    Answered . What would you claim to be your damages? How were your harmed? The court system attempts to compensate for losses suffered by the improper acts or omissions of others. YOu have none. You are entitled to a refund. Think about it: You are standing in front of a jury and you say--"Ladies and Gentlemen, I opened two boxes of this well known product and each had worms and maggots. You need to make this right and compensate me for what I have lost and gone through. I would be fair for you to award me $?????" How would you finish that sentence? What number would you put in there?

    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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