If I found abug in a purchased food product, can I take any legal action?

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If I found abug in a purchased food product, can I take any legal action?

I purchased a bag of lentils. I found what appears to be a lady bug within the unopened bag. What type of legal action may I take against the company?

Asked on November 28, 2011 under General Practice, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

THE critical question is: where you injured in anyway? For example, were you actually made ill? Did you go to the emergency room and incur costs for tests? Etc.

The legal system only provides compensation for actual injuries or costs; if you were fortunate enough to not be injured or incur significant costs, there is nothing to sue over--that is, you could sue, and potentially win (establish that it was wrong for the insect to be in the lentils) and yet not recover any money at all (which means you'd actually lose, since you'd have incurred the cost of the lawsuit).

You could, of course, contact the store and/or the manufacturer, to see whether they will voluntarily offer you any compensation.


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