If I consume a food product infested with worms but don’t get sick, do I still have a case to take legal action?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I consume a food product infested with worms but don’t get sick, do I still have a case to take legal action?
I purchased a breakfast bar, and after taking a few bites of the product, I discovered that it had been infested with several live and moving worms (presumed to be meal worms). The product was not expired. I contacted the company through their website and received no response. After 3 consecutive days of calling, leaving voicemails and receiving no response, I finally got in touch with someone and they offered to send me a replacement bar for their contaminated product. Is this all I am entitled to or do I have a valid case to take legal action against them?
Asked on June 25, 2012 under Personal Injury, Maryland
Answers:
Leigh Anne Timiney / Timiney Law Firm
Answered 12 years ago | Contributor
You likely do not have a valid case for legal action because you have suffered no real harm or damage. If you had gotten sick and were forced to seek medical attention and had suffered some economic damage, like medical bills and lost work, as a direct result of eating the breakfast bar, you may have a case. It would be nice if the company had some better customer service to handle this type of situation, but it seems they don't. Usually in these types of instances the company will replace the product or refund you the purchase price or provide you with a coupon for a new product at no cost.
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.