QUESTION
Can I sue Pillsbury if there was a maggot in my brownies and the brownies is not expired and I consumed it?
Asked on Dec 01st, 2012 on Criminal Law - Oregon
15 ANSWERS
Daniel P. Mitchell
Yes, you may sue them on a theory of products liability.
Answered on Apr 11th, 2013 at 3:03 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes, but why bother. Not a case.
Answered on Apr 11th, 2013 at 3:02 PM
Michael J. Breczinski
If you ate it then how will you prove the case? Any left?
Answered on Apr 11th, 2013 at 12:59 PM
Ronald A. Steinberg
Sure, but without damages, it isn't worth anything.
Answered on Dec 05th, 2012 at 4:34 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes you can potentially sue, find an attorney.
Answered on Dec 05th, 2012 at 4:34 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, but what are you suing for $3,4,5 bucks for the package. Doesn't seem to be a very good return for the effort.
Answered on Dec 05th, 2012 at 4:33 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes, but aside from the horror, what are your damages? Did you seek medical care? miss work? were you home sick for any period of time? All civil cases have two components: (1) liability and (2) damages. You also have to prove the maggots were in the brownies. If you can do this, you have a case.
Answered on Dec 05th, 2012 at 4:32 AM
In many countries they do serve exotic meals that include very esoteric bugs, but in this country I've never heard of maggot brownies. But if you ate the brownies, how do you know it had a maggot in it? After all didn't you eat it? You've destroyed the evidence, so to speak.
Answered on Dec 03rd, 2012 at 1:06 PM
Dennis P. Mikko
You may have a claim against Pillsbury and/or the store where you bought the mix. However, a necessary element of any negligence claim is damages. What damages did you suffer as a result of this incident? A question they most likely will ask is, why did not not see the magot when you were mixing the brownies after emptying the box?
Answered on Dec 03rd, 2012 at 1:03 PM
Thomas Edward Gates
While you could sue, if you could find an attorney to take the case, you need to show actual damages. Here, damages are small, if any, and the claim will also be small.
Answered on Dec 03rd, 2012 at 12:42 PM
First, you may want to consult with a plaintiff's product liability lawyer for specific legal advice. You may be able to sue, but your recovery or damages may not be substantial.
Answered on Dec 03rd, 2012 at 12:34 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There is a question about how the maggot got in there; was it at the production facility, or was the packaging damaged and it happened later? Also: were you injured? No injury, no case.
Answered on Dec 03rd, 2012 at 12:30 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Maybe yes, probably no. You don't say how old the box of brownie mix is. Where was the box stored?There are multiple other questions that would have to be answered.
Answered on Dec 03rd, 2012 at 12:28 PM
Family Law Attorney serving Gearhart, OR
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Coast Family Law, LLC
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Yes, but, you need to be able to prove the maggot was there. Although, did you sustain injury? If so, you may have a case. Get all of your information together and then contact some Personal Injury attorneys in your area. See what they say. Good luck.
Answered on Dec 03rd, 2012 at 12:28 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Sure, but if you didn't get sick and didn't incur any medical bills, what are your damages?
Answered on Dec 03rd, 2012 at 12:28 PM