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

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. Of course you can.

    Whether you can win is a whole different matter.

    See a CA attorney ASAP.

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  2. 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...

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

  4. Report to FDA

  5. 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. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

  6. 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 provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.

  7. 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 informational purposes only. Said information is given in the context of California law.

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