If I purchased some sugar wafers from a vending machine and after opening the package found2 rat feces, can I sue the company that made them?

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If I purchased some sugar wafers from a vending machine and after opening the package found2 rat feces, can I sue the company that made them?

Asked on December 31, 2011 under General Practice, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is probably not worth filing a lawsuit because you won't collect much of anything if you didn't become ill from eating the sugar wafers.

A lawsuit would have separate causes of action (claims) for negligence and strict liability.  Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised to produce a product that is not defective).

Strict liability is liability whether or not due care was exercised.

In addition to the manufacturer, the seller of the product would also be liable for negligence and strict liability even if the seller could not have known the product was defective.

If you had been injured (become ill from the product), you could be compensated for your medical bills, pain and suffering, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills and is based on the information in the medical reports which documents the nature and extent of the injury. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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