My husband an I was shopping at Kmart an I got a water paid for it..(never looked in the water then lid was sealed ) so I was drinking it....we met my sister for an her boyfriend for lunch as we was standing there talking....I got a drink of my water an got chocked...I coughed an coughed an coughed up a piece of plastic the size of a nickel,(coughed so hard it gave me a headache) an that made me look at the rest of the water left in the bottle an as I looked at the bottle I seen a lot of pieces of plastic floating in the bottle(instill have the bottle with it in there an my ticket where I paid for it) an then I called the toll free number an told them what had happen.....they sent a box for me to mail the bottle back to them I did not go to the hospital,but my throat has hurt since that day,an I'm scared to drink anything now from a can or a bottle (you never know what's in there).
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.
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