I bought cat food and cat treats back in July and Augst from this mom and pop store. They were sick around the time I was feeding the food and treats to them; throwing up and gagging alot. Staining my carpet and such. I took them to the vet and the vet could not figure out what was wrong with them. He figured maybe hairballs.
I paid enormous vet bills to figure out what was wrong with my kittens because my fiancee was worried. The Pounce treats say Best if used by Augst 05 2003!!!!!! I bought friskies from them as well but they ate it all and I threw it away, lord knows what date that said. They had no choice but to eat this old stuff as I didn't know it was old and that was all I was feeding them, such friggin torture!!! I want to go and consult with a lawyer. This is riduculous. Any suggestions?
2007-01-01 00:59:06 · 20 answers · asked by Anonymous in Pets ➔ Other - Pets
It's amazing how some of you put the blame on me. When you walk in to Winn Dixie, Wal-mart, Brunos, Sams, or any major Food chain. You will not find any expired foods because they know that they will open themselves up for lawsuits. How many of you actually really check expiration dates besides on milk and bread, the things that go rather quickly. If I check expiration dates everytime I went t the store I'd end up in the store for 4 hours instead of 2. I own businesses, you may have the time but I certainly do not. A mom and pop store is just what it is a small business. If one of my small business provides inferior service my customer will expect for me to make it right. What makes a small food store immune from checking their freaking expiration dates? Because they don't have enough employees? That's a lie, the store has girls sitting on their butts and tagging food with prices, instead of tagging prices how about they check the box dates. They want the almighty dollar. Idiots ...
2007-01-04 05:50:35 · update #1
The "best buy" dates are not necessarily the magic date that an item goes bad. It is just a recommended date for freshness.
Before you go to a lawyer, try contacting the company that manufacturers "Pounce" treats and find out what happens when the treats go past the expiration date. Odds are nothing. But, if bad things could happen then you should sue the manufacturer as it is their fault that there are not large warnings about giving expired treats to your cats.
The mom & pop store are not going to be liable for much more than your vet bills, if that. Proving that these treats made your cats sick will be tough. Most small stores barely sell enough to keep the lights on and the taxes paid, be prepared that if they end up faced with huge legal bills to fight you, they will probably close their doors permanently and possible file bankruptcy, which will leave you with HUGE legal bills and no "payday" from the owners.
Have you gone and talked to the owners about the situation? They may be open to talking to you especially if you contact the manufacturer and find out that expired treats can harm them.
Personally, this is what I think one of the major problems in America is, no matter what happens we all are sitting back ready to sue and say "cha-ching". We are suing American jobs out of America.
So go ahead sue. Just don't be surprised when a few years down the road you, and your family, can't find jobs and are starving. It's coming and we have no one to blame but ourselves.
2007-01-01 01:18:39 · answer #1 · answered by Gem 7 · 4⤊ 0⤋
I don't think you can sure them. Although they were being stupid by not checking the dates of the treats, it is partially your fault for not checking them either. Think of it like this: if you go to the grocery store and eat some meat that is a few days past due without noticing and get sick, it is your fault for not checking the date, isn't it? As well, if you want to sue them you will need a reciept proving the date you bought them, and since the treats have been around so long, they could always dispute and say that is a reciept for treats bought at a later date.
Although you have incurred mass expenses because of this, unfortunately I don't think you have a case, and if you do, it will probably cost more to hire a lawyer and go to court then you will recieve as a settlement.
2007-01-01 01:13:23 · answer #2 · answered by bpbjess 5 · 3⤊ 0⤋
I think to have a case, you'll need to have both the treat packets with the expiration date PLUS a store reciept to prove that the mom and pop were actually the store that they were bought at.
I would at the very least, complain and go through the store and search out every past due date and take them up to the counter and show them.
Many mom and pops are on such tight budgets, that they won't dispose of or return out of date goods though, so they may just put the stuff back on the shelf once you leave.
2007-01-01 01:07:40 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I would probably go back to the store, check other goods for expiry dates. If you find anymore out of date stuff, then bring it to the shop owners attention. Explain that you bought some cat food from them that was years out of date and it made your cats sick, and cost you the price of vets bills. If you can provide proof of purchase of the tainted goods, then you may wish to ask for the cost of the vet visit to be reimbursed.
Tell them they would have been in a world of trouble if it had been a child gotten sick from eating out of date products bought from there. Inform them that they either need sort out their business practice or get out of the business if they can't do it properly.
The likelihood is that the Mom and Pop store don't have much money...suing them would probably shut their business down and eat into a retirement fund (if they have one).
Now i know it's not fair that your kitties got sick, and the shop owners really should be keeping an eye on their stock rotation..but it taught you to check things more carefully atleast.
The kitties are ok now i assume.
2007-01-01 01:24:51 · answer #4 · answered by Sight 4 · 1⤊ 0⤋
Yes.. if you have proof they went to a vet I would contact an attorney ASAP!!!! You should also go back to the store and look thru their pet food and buy the same pet food you did before if it is out of date to prove that exists as well... (might even be a good idea to look over a few other types to show a pattern in their business practice)
I got a can of baby formula from Kroger's that was well over a year past the expiration date... Luckily I noticed and didn't use it - needless to say EVERY PERSON in the store heard my outrage over the situation when it was returned.
2007-01-01 01:05:49 · answer #5 · answered by The::Mega 5 · 0⤊ 1⤋
Litigate like crazy, it's the American way! Soon afterwards mom and pop will be gone and you'll have a wonderful Walmart in it's stead. You are not expected to actually look at the expiration dates, it's not YOUR responsibility to check it out. Drive that small business out and let the Walmarts in!
I believe these are the necessary first steps in creating a socialist society where the people have no more responsibility and the government can decide what is best for me.
Down with poor mom and pop, hurray for giant corporations!
2007-01-01 01:13:29 · answer #6 · answered by Wurm™ 6 · 3⤊ 0⤋
I agree with Wurum 100% The majority is your fault, you should check the expiration dates! mom and pop are just trying to run their little peaceful store just like back in the old days before all these crazy people came about and decided to sue for stupid reasons! Like I said, Wurum has the best answer.
2007-01-01 15:34:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
it might have been your fault that your cats became sick only because you could have looked at the ''best eaten by.." date. but the women you bought from is mostly at fault. if it was 2006 that you bought the food then you do have a good case to sue. bring all evidence you have to prove the food had a horrible affect on your beloved pets.. i hope this helps and that you dont buy any other spoiled food. know im going to be extra careful when i buy my pets food. i have a hamster and a dog. i dont want them getting sick.
2007-01-01 01:06:28 · answer #8 · answered by stjohnscheer196 2 · 1⤊ 0⤋
well since you already threw the food bags away, i would go into their store and buy another outdated food bag. you're not going to get very far with outdated treat cans i'm sure. have you called the owners of this store and tried to talk to them without just sending them lawsuit papers? that's what's wrong with society anymore, we just sue away and don't even give people the chance to be decent.
2007-01-01 03:23:20 · answer #9 · answered by cagney 6 · 0⤊ 0⤋
Yes sue there asses, but you probably would only be able to do this if you had of kept the packets to show the lawyer and the reciepts of when you purchased it, don't forget you need rock solid evidence before you can sue them
2007-01-01 01:09:02 · answer #10 · answered by soloxine_rabbit 2 · 0⤊ 0⤋