I was eating a pack of fruit gushers and I noticed a big white glob in the inside of one of them instead of the usual red liquid that is in the inside so I squeezed it out in my hand to see if the usual red liquid would come out which it did along with little pin worms! Can I sue General Mills if I get pin worms from eating one of the other fruit gushers that was in the pack?
Yes, you can sue, but not sure if you win, and even if you did win, you may not win anything if you ultimately were not harmed. Better option is to take the box back to the store and get a refund.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
If you get sick go to the doctor. Probably not enough damages to justify a lawsuit. Save the remainder of the package until you sort this out.
This answer is for general informational purposes only. This answer is not legal advice, and does not establish an attorney-client relationship of any kind. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get jurisdiction specific answers about the law.
I agree with my fellow counselors. You can sue but this case will not be worth much from simply getting pin worms. I occasionally have friends or family confront me with similar situations and I advise them to file a complaint with the corporate office. I hope you took pictures of the gushers. I would write a letter enclosing the photos complaining about the product, many of these companies will compensate you in some way for your trouble just out of good business practice. The last thing these companies want is a dissatisfied customer with pictures of something like that when it could easily go viral.
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