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 9 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. 


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