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I JUST ALMOST CHOKED TO DEATHON A PEICE OF PLASTIC IN A BUDWEISER BEER CAN. ARE THEY GOING TO BE RESPONSIBLE?

Philadelphia, PA |

I JUST RECEIVED A CASE OF BEER.HAD A CAN AND OPENED THE NEXT, I THOUGHT THE FOAM HAD HIT MY LIPS. BUT THE NEXT SIP I FOUND MY SELF CHOKING, THEN THREW UP. WHEN I TOOK MY HAND FROM MY MOUTH I FOUND A SMALL UMBERULLA SHAPED PEICE OF CLEAR PLASTIC .3/4 OF AN INCH. WITH INPRINTS ON IT

Attorney Answers 7


  1. Even though there may be liability, without significant damages, it will be difficult to find a lawyer to handle. You should consider contacting the company and asking what you can get in exchange for a release. Hope you kept the plastic and the can. If not, your chances of recovery, in court or by settlement, go way down.

    Thank goodness you had no serious medical damage.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. You would have a claim but the valuation of the claim may be very limited. Talk to an attorney in the Philly area.

    Attorneys on Avvo donate their time and your feedback is appreciated. Be sure to mark the "Best Answer" or Helpful" to your questions.


  3. Yes Budweiser is responsible, but you don't have a claim. You can't recover for what could have happened.


  4. No need to write in all CAPS unless the Eagles lose a game. Without injuries, a lawsuit would be fruitless.


  5. Although it appears you have a viable liability claim, you really have no damages. I know this is hard to fathom, but its the way it is. Thank God you are ok, and that a claim is not being brought on behalf of your estate.


  6. They may be liable. However, without damages it would not make sense to bring a case.

    This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.


  7. You were sold an adulterated, defective product. Not only can there be liability against the manufacturer but there would also be liability against the distributor and the seller for selling a defective product--even if they did not know it was adulterated. However, without an injury there is no viable claim to bring. The law does not recognize what could have or might have happened, only what did happen. Fortunately from what your write, it does not appear you were injured.

    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.

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