Texas Products Liability Legal Questions

You need a personal injury lawyer, if you can find one willing to accept your case.Most people with salmonella infection only develop minor symptoms like diarrhea and stomach cramps and most healthy people recover within a few days without any specific medical treatment.  Accordingly, most people with salmonella have very little in the way of damages; so most personal injury attorneys would not accept such a case on a contingency fee.In the meantime, keep whatever uncooked chicken remains for testing.  While improperly undercooked poultry is one possible source for salmonella infection, it isn't the only one.  If you decide to pursue litigation, you will need to prove that you got your salmonella infection from the uncooked chiken you ate from a gas station.  Moreover, be prepared for the defense of contributory fault.  Most people would not eat uncooked chicken from any source for a variety of health reasons.  Your decision to eat uncooked chicken will likely be used against you.... Read Answer

Yes, you have a case, albeit not a very lucrative one. When a merchant sells you a product that is non-conforming (for example, raw chicken instead of properly cooked chicken), you can reject the product, give the seller a reasonable opportunity to cure the non-conformity (for example, by replacing the meal), and then if the seller refuses, you can sue to reclaim the price you paid for the non-conforming good (i.e. the raw chicken).... Read Answer

I'm actually handling one of those cases already. There are many issues related to these types of cases.  I would recommend you contact a lawyer to discuss your situation. Typically, lawyers who do this type of work give free consultations like I do.   Your case and circumstances will be evaluated by the personal injury attorney to determine what is the best course of action given the damages you have suffered. I would also recommend that you get a copy of any and all medical records related to your injury.  If you cannot get them, the attorney helping you can get them.  My current client was able to obtain the records.  Had that become an issue, we would have obtained them. Do the best you can to recall what occurred factually and be prepared to explain it to the lawyer you consult with. I'm very sorry this has occurred to you. Patrick Short     ... Read Answer

If you know the name of the construction company who employed the workers, they may be liable for the damage to your vehicles. Were there any signs indicating that you should move your car due to the work being done? If not, you probably have a claim against them for negligence resulting in property damage. You need a demand letter sent to the construction company for the cost of repainting and repairing your vehicles. If they are willing to comply, then you may not need to sue them. Otherwise, you're going to court. ... Read Answer

the biggest question in cases like this are "what are the damages?"  Typically proving damages in a case where something foreign is found in food, whether in a packaged product at home or in an eating establishment, is difficult.  Unless the object causes injury like a broken tooth, cut mouth, or some sort of illness due to the ingestion, then you end up arguing that you have suffered a mental injury from finding something foregin in your food.  Granted its weird, dangerous, and sometimes really gross, but proving a compensable injury based on finding something in your food is very hard.  I've also had people ask to use it as some sort of leverage against a company to basically extort a settlement out of them, i.e. "pay me some money or I'll go to the media."  I personally do not think that is ever a sound foundation to any case.  Best of luck. ... Read Answer

You have a products liability case but it probably is not economically viable if you were not injured. Contact the company and advise them of what happened. You could contact an attorney, but they probably will tell you with no damages, there is no case worth pursuing.  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