If you find a bug in your sealed applesauce can you sue the company?

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If you find a bug in your sealed applesauce can you sue the company?

Motts applesauce container I found a bug in it while eating it in my office, there was no way for the insect to get into the container in my office? What action can I take?

Asked on May 9, 2012 under General Practice, Arizona

Answers:

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

Answered 9 years ago | Contributor

If you were injured, you can sue Motts (the manufacturer) and the seller (store where you purchased the apple sauce) for negligence and strict liability.  Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised under the same or similar circumstances to produce a product that is not defective).  Strict liability imposes liability whether or not due care was exercised.  Negligence and strict liability are separate causes of action (claims) in your lawsuit.  The seller (store) is liable even if it could not have known the product was defective.

If you were injured and required medical treatment, obtain your medical bills, medical reports and documentation of wage loss.  Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for Motts and the store where you purchased the item.  Your personal injury claim filed with both insurance carriers should include the medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with both defendants'insurance carriers, NO lawsuit is filed.  If the case is only settled with one, but not both insurance carriers, only name the remaining party with whom the case did not settle as a defendant in your lawsuit for negligence and strict liability.  If the case did not settle with either insurance carrier, both the manufacturer and seller are named as defendants in your lawsuit.  If you are dissatisfied with settlement offers from the insurance carrier(s), reject the settlement offers and file your lawsuit for negligence and strict liability.  If the case is NOT settled, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter. 

If you were NOT injured and did NOT have medical treatment, there is no point in filing a lawsuit because you will recover little or nothing. 


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