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If I found a dead maggot in my tuna fish while I was eating it, do I have any rights?

Marshall, TX |

I called the company and they offered me $15.00 after I refused some free tuna fish. This seems ridicilous to me.

Attorney Answers 5

Posted

Unfortunately, without an injury, you can't sue for damages. However, you can report the company to the FDA.

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Posted

Would the FDA inspect their tuna so that it doesn't happen again?

Posted

Yes, you have rights. Currently, the Tuna company believes $15 fairly compensates you for your damages. If you disagree you can file a lawsuit seeking to recover all the damages you suffered as a result of the incident.

In addition to Avvo's terms of usage, this answer does not create an attorney client relationship. In providing the information the author is not rendering legal or other professional services. If legal advice is required the requesting individual should seek the service of a competent legal professional.

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Posted

There is a claim for damages in a situation like this; however, from a standpoint of pure economics, if you do not have any significant medical expenses and have not had to have significant medical treatment from this incident, your claim probably could not be feasibly pursued in court because of court costs and the damages recoverable would be minimal. The best thing to do is probably try to negotiate a settlement if you do not have medical treatment or expenses. If you do have these damages and ongoing physical problems from this incident, you should probably consult a local attorney. Please make sure you preserve the food item and the foreign substance you discussed. The laws in every state might be different. Good luck.

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Posted

There is a claim for damages in a situation like this; however, from a standpoint of pure economics, if you do not have any significant medical expenses and have not had to have significant medical treatment from this incident, your claim probably could not be feasibly pursued in court because of court costs and the damages recoverable would be minimal. The best thing to do is probably try to negotiate a settlement if you do not have medical treatment or expenses. If you do have these damages and ongoing physical problems from this incident, you should probably consult a local attorney. Please make sure you preserve the food item and the foreign substance you discussed. The laws in every state might be different. Good luck.

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Posted

The economics of pursuing the claim makes this very difficult to pursue. Our Justice Courts are inexpensive to be in and may offer you an alternative to the $15.00 offer.
Good luck.

I am licensed to practice law in Texas. 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. You are always urged to contact an attorney in your locale familiar with the facts and circumstances of your case before making any legal decision for yourself.

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