Virginia Products Liability Legal Questions

You have all the elements for a lawsuit, but in reality you would not likely get much, if anything from it.  In order to sue for a personal injury you have to show: 1. NEGLIGENCE - which you have because obviously pieces of plastic do not belong in your drinking water. 2. INJURY - that you were injured as a result of their negligence.  This is where your case falls short because although you were injured, your injuries were pretty minor.  Attorneys who take on these kinds of cases are generally looking for catastrophic injuries, like if you had actually choked and died or suffered brain damage - that would be a great case!  That's because you can collect for your medical bills, for lost wages, and for pain and suffering.  You have no medical bills or lost wages and your pain and suffering would probably be determined by a judge or jury not to be worth that much.  An attorney would never take this case because it requires an enormous amount of work to bring this type of case, so we only do it where the potential pay-off is great. 3. CAUSATION - You have to show that your injuries were caused by their negligence.  That is pretty clear in your case so that is not a problem. 4.  DEEP POCKETS - Another thing we look for in evaluating cases is whether the defendant has the ability to pay any judgment we obtain or whether they have insurance coverage.  This should not an issue in your case because you are dealing with a well-established company. So to summarize, you have all of the elements of a lawsuit, but your case is not worth enough to be worth an attorney's time to take it on. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read Answer

There are attorneys who take these cases.  In my mind, unless a client suffers significant complications from actually ingesting a foreign object these cases are not worth the time and effort to prosecute.  Nevertheless, if you're interested in pursuing the claim you should preserve the item that you found in the food and contact a local personal injury attorney (one in your state). Personal injury attorneys take  cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are free. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer