July 2 I purchase some Bush Baked Beans from Superior Grocers in Los Angeles , Ca. Getting food prepared for July 4 open the can of beans and to my surprise there was something foreign in the can. All I can tell you it is long green , black , and white. Made me sick to my stomach to see something like it in a can of food. Closed the top back and still have the can of beans.
Recommend you take it back to the store and ask for your money back or a good can of beans. That is all you will get. I suppose you could also write a letter to the distributor and tell them, they may send you coupons. Fortunately, you were not harmed in anyway. Absent damages it wouldn't be worth your time to bring a suit. Hope you had a great fourth
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE ATTACHES, FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Thankfully you did not suffer any damages except for the cost of the beans. In general the rule is no harm, no foul. You can write the company for a refund but I do not believe you can recover much else.
My suggestion is that you take the can back to the store and ask for a refund or a replacement can of beans (consider asking for a different brand).
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed to practice law in California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual or legal set of circumstances, or in the jurisdiction applicable to you. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Please consult with a competent attorney licensed to practice in your jurisdiction to provide you actual legal advice.
Take a picture of whatever was in the can - better yet, take the can back to store for full refund. You can also contact the manufacturer about refund also. Products liability / defective products claims can become costly as business and insurers tend to defend and litigate. This sometimes makes many claims like these cost prohibitive in light of damages and outcome.
Answers to questions are for general purposes only and do not establish an attorney - client relationship. This is general information that is given for legal education only. It may or may not work for your specific situation. It is not legal advice, and I am not your lawyer unless we enter into an Engagement Agreement in writing (and only in jurisdictions that I am licenced - Alaska and Arizona). Consult an attorney in your jurisdiction to determine your rights, responsibilities and the appropriate action(s) you may wish to undertake.
No, you cannot take legal action.
In order to have a claim you would have to prove that the can of beans was defective (like, by having something long, green, black, and white in it), that the defect rendered the product unreasonably dangerous, and that you were harmed as a result. The product was defective. It is not clear that the defect rendered the product dangerous (frankly, it sounds like all you have is a piece of the bean stalk that got left in with your beans), and you were not injured as a result. No injury = no claim. Of course, you could always pursue an ordinary tort claim, where you must prove A) that someone owed you a duty (like, to ensure that no long green black and white things got in your beans); that they breached that duty (like, by negligently allowing a long green black and white thing to get into your beans) and C) that the breach of duty caused you an injury. In this case you were not injured (save for the loss of a can of beans). Again, no injury = no recovery. Finally, you could proceed on a breach of contract theory: Superior Grocers offered to sell you a can of beans; you accept the offer; each side gave consideration (Superior gave the beans, you gave the money). Thus there is a contract. As a merchant, Superior owed you a warranty of merchantability, which is to say they warrant that the beans will pass without objection in the grocery trade. They breached this warranty by selling you beans with a "long green black and white thing" in the beans which would certainly make it not pass without objection in the trade. Thus, you could argue they breached their contract with you. Problem is, in a breach of contract action, all you can recover is your damages. In this case, your only damages are the loss of the price of a can of beans.
Bottom line: No legal action here. Take the beans back and ask for a refund.
This answer does not constitute legal advice. No attorney-client relationship is formed and no attorney client privilege or duty of confidentiality attaches.
You can return it for a full refund, and perhaps some free coupons.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline