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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.

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Attorney answers 7

Posted

Of course you can.

Whether you can win is a whole different matter.

See a CA attorney ASAP.

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Posted

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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Posted

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

Asker

Posted

I did eat it and made more and thenn seen them.

Posted

Report to FDA

Posted

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.

Posted

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.

Asker

Posted

My damages are eating maggots, and the thought of how long I have been eating them has done harm. okay would you say that the manufactures are wrong for packaging this product and not fully doing proper inspection before shipping out to the public for sale. and what if this product is sold worldwide with maggots in it.

Philip Anthony Fabiano

Philip Anthony Fabiano

Posted

Your original question did not say you ate the maggots. What do you mean how long you have been eating them?? Are you saying you assume they were there other times and you did not know it?? Well even if you ate them--what are your damages? Did they make you sick?? You did not mention that. Now if you are receiving psych care that may be the basis of a significant lawsuit, otherwise it is not worth anything. As far as liability is concerned, typically this would fall under "strict liability." You would not have to prove negligence only that it had maggots. Liability attaches automatically since the product left the manufacturer in an adulterated state. In most states the store would be equally liable for merely selling it even if it had no reason to believe the maggots were present. BUT AGAIN, no harm, no claim.

Asker

Posted

okay thank you, it just seems so unfair for the consumers that eat this product often and don't pay attention.

Posted

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.

Asker

Posted

okay so what is being said is... regardless of the maggots that are in this product and is being sold to the public it's nothing to be done? only notify manufactures.

Allister Rex Liao

Allister Rex Liao

Posted

It's not that nothing can be done. It's more about what makes financial/practical sense... YOU can choose to engage the retailer/manufacturer/distributor of the contaminated product(s) to get a refund/coupons/freebies/etc. Or, sue them in court. One is cheaper and less complicated than the other. It's your choice. YOU can choose to contact your local news station to see if they're interested in pursuing this story. YOU can choose to notify the FDA. This doesn't cost you anything but your time. FDA can choose to, after being notified, whether to investigate and pursue this further. Regardless of what you do, keep evidence of the contaminated product until you have a resolution. Beyond that I'm not aware of anything else that can be done. It really depends on what your goal is. What do you want out of this? If it's monetary compensation, then keep you expectations in check and as previously stated. If it's for the manufacturer/retailer/distributor to take their contaminated products off the shelves then who better to tell than the manufacturer/distributor/retailer. Notifying the FDA may also accomplish this goal. If it's to bring public awareness to this issue then your local news station might be your best bet. Hope this makes sense!

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