QUESTION

Do I have a case if I found a bug in a can of Great Value spinach?

Asked on Jun 27th, 2013 on Products Liability - Florida
More details to this question:
I still have the bug.
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1 ANSWER

Personal Injury Law Attorney serving Miami, FL
3 Awards
A personal injury case requires both negligence and damages. Unless you actually ate the food, there is zero claim I can think of (outside of getting your money back). If you ate the food, the question is whether you got sick. Obviously the worse the injury the more compensation you should be entitled to. If you ate the food and did not get sick, I presume you may(?) be entitled to some nominal (very minimal) damages, but the cost and time of bringing such a claim makes no economic sense for a lawyer to handle. In addition to all this you would need to prove negligence. That may not be too hard in the case of a full size bug, but it is an element nonetheless. Please understand, there may be a lawyer looking for publicity, or having a view other than mine, who would take on a case with no significant illness. You should however file a complaint with the State Dept of Health. The link is: http://www.doh.state.fl.us/environment/medicine/foodsurveillance/Online_Foodborne_Complaint_Form.html
Answered on Jun 27th, 2013 at 5:55 PM

Jonathan Groff is an AV Preeminent, rated Personal Injury attorney representing clients throughout Florida. (305) 661-3633; Mobile, (305) 302-8807

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