Can I sue Walmart for finding a dead fly in a Marketside salad bag?
4 attorney answers
Sure for a refund or a new salad. No injuries, no case.
Please note that the Law Offices of Evan M. Ostfeld, P.A., only practices...
In order to prevail in a lawsuit, there must be an "injury" of some type. Without an injury and some type of damages, you have no claim.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.
No. While that is certainly gross you sustained no harm and thus have no viable claims beyond the cost of the product.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
Sorry to burst your bubble, but you did not just win the Detective Product Lottery Jackpot.
Food can be served at various temperatures from fully frozen to boiling hot. As a consumer, you need to take responsibility for checking before gobbling it down. Pigs, Cows, Fish, and Chickens have bones, beaks, and feet. (OK, fish don't have feet.) When animals are processed, particles, and sometimes pieces get mixed in.
Nuts have shells, fruit has pits, vegetables have stems, and pebbles are scooped up during harvesting.
Sometimes during food processing or preparation pieces of glass, plastic, rubber, metal, or screws come loose and end up mixed in the food.
Rarely, employees' hair, fingernails, band-aids, and even lost body parts get mixed in.
Mold, e. Coli, Hepatitis, and/or other contaminants may be present.
Rodent Poop and Insect Parts can be found in food -- and the FDA actually publishes what and how much is allowed to be present.
Occasionally, a small animal such as a mouse, spider, cockroach or cricket might wander into a pot of chili or whatever.
You need to be aware that this kind of stuff might be in ANY food product, and does not necessarily mean that anybody was negligent.
Expiration dates are the manufacturer's opinion of freshness, except for baby formula and possibly a few other items under the FDA. You should verify fresh dates prior to consumption. Look before you eat, and be careful when chewing and swallowing.
If you break a tooth, get cut, or get sick from consuming the product, get immediate medical attention, and retain what's left of the food and the packaging.
If your medical expenses are significant, consult with a Personal Injury attorney for evaluation and advice.
If your medical expenses are small, ask the vendor and/or the manufacturer to cover them.
If you have no medical expenses, but are just grossed out and inconvenienced, demand a full refund or replacement and free coupons. If you are determined to sue because "it's the principle of the thing", file a breach of contract lawsuit in small claims court for the price of the thing, band-aids, and your filing fee/process server cost.
Remember, "almost choking to death", and "could have been severely injured" means that you almost have grounds for a personal injury lawsuit.
PLEASE DO NOT PRIVATE MESSAGE ME with followup questions. Instead, you may make a comment below, which will be sent to me automatically. If you need an attorney to assist you, please search in your local area, or click the "Find a Lawyer" link at the top of the page. I am active on AVVO and answer questions only as a public service. I am an Attorney-at-Law, licensed to practice law only in the state of California. Unless we have both signed a formal retainer agreement you are not my client, and my discussion of issues does not constitute legal advice. Contracts, Agreements, and Amendments require a paper document signed in ink. Opinions expressed herein are those of the author and do not necessarily represent the opinions of those who hold other opinions.