Last night I cooked 2 pieces of prepackaged meat. My husband had one piece and me and my 2 toddlers shared the second piece. As my husband was in the middle of eating the last of his sandwich he said "oww..what is that?" and pulled a piece of metal out of his mouth that was embedded in the meat. First thing he said is "lawsuit" mainly because it's METAL that was obviously in the meat before or during packaging. I said don't worry about it, but he said a piece of metal that size (a little larger than 1/4 inch) could cause damange in your digestive tract...especially since we have 2 small children. So what type of lawyer would he seek to handle a case like this?
2006-12-20 08:51:20 · 12 answers · asked by october g 3 in Politics & Government ➔ Law & Ethics
Product liablity lawyer.
2006-12-20 08:53:53 · answer #1 · answered by The Teacher 6 · 0⤊ 0⤋
Unless you were damaged in some way by the metal, you don't have a case. No reputable lawyer would take it. However, there are plenty of non-reputable lawyers who might take the case in the hopes of a settlement somewhere down the line. If you go this route, be prepared to potentially spend years preparing for hearings that are postponed at the last minute and depositions from both side. Be sure you want to do this, as you may be liable for all your attorney's costs if you decide later that you can't continue taking off work to jump through all the necessary hoops as your case drags on and on.
This route is a waiting game. Whichever side gets tired of waiting it out, loses.
2006-12-20 16:59:37 · answer #2 · answered by Anonymous · 0⤊ 0⤋
1. you have no damages.
2. you have minimal proof.
3. eating small pieces of metal generally have no health effects. My 3 year old just swallowed a penny (which came out 2 days later with no ill effects)
It will just be your word against theirs- and you'll look like a money hungry fool. A lawyer might take the case on the off chance that he'll get 30% of the punitive damages, or even a settlement- but given that the odds are low, you'll need a real hungry lawyer.
How slimy do you want to be?
2006-12-20 17:01:43 · answer #3 · answered by Morey000 7 · 0⤊ 0⤋
First, seriously, this kind of thing will happen once in a while. It was an accident. You can't expect mechanically processed meat to never get a chunk of metal in it. It just isn't reasonable.
Seriously, if it were due to negligence, I'd say go for it, but you seriously cannot expect this not to happen once in a while.
I'd report it to the Health Dept. just in case it has happened to other people. If it has happened to others recently, then THAT is the point when you raise a lawsuit.
2006-12-20 17:00:55 · answer #4 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
You might contact the USDA and ask them to investigate. I don't think a lawsuit is appropriate at all. If you wish to pursue that avenue, then a personal injury attorney would likely be the right type to contact. I think you might have a hard time finding one to even take the case. It sounds like a loser to me. Was your husband hurt in any way, that he deserves monetary compensation? Is that what you're after? or do you just want to improve food safety?
Perhaps you can go back to Wal-Mart and they'll give you a replacement package of meat for free. That seems to be a more reasonable course of action in my estimation.
2006-12-20 16:59:34 · answer #5 · answered by FrederickS 6 · 1⤊ 0⤋
How are we to know that this isn't some kind of fraudulent plan that you and your husband cooked up, in an attempt to get rich?
How are we (or your jury) to know that you're telling the truth? People commit all kinds of frauds in order to get unearned and undeserved money from corporations. Insurance fraud and product liability fraud are two of the most common types.
So the first thing is... how do you prove (to a jury) that you're honest, and not a swindler making false allegations in order to get monetary awards from a court judgment or settlement?
2006-12-20 19:06:15 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think you should go too a doctor first to make sure that none of ya'll accidently ingested any of the metal, b/c that could lead to a medical emergency very quickly. Also, instead of finding a lawyer you should first call the company to let them know to protect others from accidently ingesting metal. That should be your first priority.
2006-12-20 17:00:25 · answer #7 · answered by ♥austingirl♥ 6 · 0⤊ 0⤋
Go for personal injury type but keep in mind, they have fired better lawyers then you can afford. And also, the burden of proof is entirely on you. Anyone can and has said the above happened when it did not.
2006-12-20 17:00:13 · answer #8 · answered by Jimfix 5 · 0⤊ 0⤋
It could have killed him.
Laissez-Faire Guy is wrong... suing companies for this type of thing makes them invest more money in developing safer products. It is the right thing to do. He will not receive a huge payout because he was not hurt, luckily, but Wal-Mart will have to pay a lot of money to their lawyers, which will be taken into account when they are considering the safety of their production methods. Sue them.
2006-12-20 16:54:36 · answer #9 · answered by Aleksandr 4 · 1⤊ 1⤋
Exactly what harm did your husband suffer? Sounds like none. So why is he seeking to sue, other than to try and hit the lawsuit jackpot.
He'd be better off informing Wal-Mart and the Health Department if he actually wants to see safety improved.
2006-12-20 16:55:18 · answer #10 · answered by Uncle Pennybags 7 · 1⤊ 1⤋