Do I have any legal recourse if I chocked on a piece of cardboard found in a ready made cup of soup?
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Do I have any legal recourse if I chocked on a piece of cardboard found in a ready made cup of soup?
Fortunately I did not need medical attention. I complained to the company and sent them a sample of what I chock on and other pieces found in my soup. They analyzed it and said it was corrugated cardboard, apologized and sent me $10 in coupons. Do I have any legal recourse options against them?
Asked on December 30, 2011 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, you do not have recourse. The U.S. legal system does not provide compensation for potential or possible injury--it only provides compensation for actual injury, property damage, or costs. If you did not need (and therefore have to pay for) medical attention and have not suffered any serious or lasting injury, you cannot obtain any compensation; therefore, there is no point in taking legal action, since you can't recover any money.
In theory, you could sue and prove they were in the wrong (at fault), even without injury--but all you would receive for it is the dubious satisfaction of having paid hundreds or thousands of dollars in court, lawyer, etc. fees to prove your point.
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