QUESTION
Do I have a case if I found a metal object in my child's baby food I was feeding her?
Asked on Jan 13th, 2013 on Personal Injury - Florida
More details to this question:
The food manufacturer did testing and concluded the object did in fact enter the baby food while it was in their plant. My child luckily was not harmed by the foreign object. Package was sealed before I opened.
16 ANSWERS
Ronald A. Steinberg
You can get your money back.
Answered on Feb 04th, 2013 at 8:34 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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So what are your damages? It does not look like there were any. Maybe the company will give you some coupons for free baby food. It's good to hear that there were no injuries to you or your child.
Answered on Jan 17th, 2013 at 1:09 PM
Thomas Edward Gates
You do have a case. However, retain an attorney to get the best financial outcome.
Answered on Jan 16th, 2013 at 9:21 PM
No case because there is no damage.
Answered on Jan 16th, 2013 at 9:11 PM
James Eugene Hasser
Yes, you may have a claim, but even if you do, the question is what is it worth. Because there was no injury, I know of at least one case that says you don't have a personal injury claim. You may have a contractual or warranty claim, though. You should probably try and work something out with the manufacturer for at least a return of your money and maybe something on top of that for your time and effort.
Answered on Jan 16th, 2013 at 9:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a case for damages, which in this case is the replacement of the defective package of food given what you related.
Answered on Jan 16th, 2013 at 8:59 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Usually its, "no harm, no foul" where nobody got hurt from the object in the food. Utah juries don't give you much, or even anything in damages for a case like this.
Answered on Jan 16th, 2013 at 8:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have a case, but what are your damages. The manufacturer should provide you a couple of cases for free just for you bringing it to their attention.
Answered on Jan 16th, 2013 at 8:56 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Every civil case has two components: (1) liability and (2) damages. What are your damages? If your child was not harmed, what are your damages.
Answered on Jan 16th, 2013 at 8:42 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You cannot sue for what might have occurred. You can only sue for whatever damages did occur. Probably, if you sue, you would be entitled to recover only the cost of the baby food.
Answered on Jan 16th, 2013 at 8:39 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Every day, I receive crank email about adulterated food claims. Filthy restaurants, metal shavings, strange liquid, etc. Unless you catch a disease that causes serious permanent injury or death, there is no case. It's a nuisance claim. Finally, your baby was saved by her loving mother from God knows what potential harm. Didn't happen so no case. Instead of buying baby food, you should be making it all, cooking, grinding, making it nutritious and metal free. Start saving for college now.
Answered on Jan 16th, 2013 at 8:36 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Unless your baby suffered some sort of an injury (or, damages), you do not really have enough to take any kind of legal action. And, it sounds like, thankfully, your baby was not harmed by the metal object. With that said, make sure that the manufacturer, at least, replaces the item and gives you some coupons, as well (that is, assuming that you'd ever want to use their product again).
Answered on Jan 16th, 2013 at 8:34 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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No harm no foul why do you think if you catch someone in a technical error you can go to the bank. This country has gone nuts over such claims and entitlements. You have a claim based on breach of contract or breach of warranty and the value is the price of the baby food. It will cost you a hundred bucks or so to file a small claim action. Where do you think you can go with this.
Answered on Jan 16th, 2013 at 8:32 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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No. Without harm there is no case. Which is a good thing.
Answered on Jan 16th, 2013 at 8:30 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No, there was no injury so there is no case.
Answered on Jan 16th, 2013 at 8:29 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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No....what damages did your child suffer? If you found the object before your child ingested it, your entire damages consist of the value of the bottle of baby food. I would bet the manufacturer would give you a case of that baby food, and that would be generous.
Answered on Jan 16th, 2013 at 8:22 PM