i opened a packet pf weight watch cookies at all 4 and the fifth has apiece of plastic on the top and it is sealed?? i was like wtf??? can i sue for negligence?
2007-06-06 19:27:13 · 6 answers · asked by jaza20032000 1 in Politics & Government ➔ Law & Ethics
Technically, yes you can sue for negligence! You will only need to prove that the manufacturers owed you a duty of care and that they breached this duty. On face value, this is clearly satisfied if you found plastic on the cookies...
However, it all comes down to a question of fact rather than law. The manufacturers will argue that the plastic cannot be shown to be a result of their negligence. You must be able to prove that it was on the cookies originally - this requires evidence.
Damages from the negligence is a completely different issue. It is true that you suffered no harm and thus you will not receive much compensation. If you did sue, you should make it as public as possible as your aim would be a monetary settlement. Big companies care more about their brand image and the possibility of losing their customers.
It will still be a difficult case and the cost of the lawyers will probably amount to more than your settlement unless you can prove some form of harm.
2007-06-09 23:16:44 · answer #1 · answered by Anonymous · 1⤊ 0⤋
You could sue, but I doubt you would win!
In order to be sucessful in negligence you need to prove damage occured - what damage has been suffered by you in finding a piece of plastic inside a sealed food product? Perhaps if you ingested it you could, but from your post, this doesn't seem to have occured.
Some negligence cases have been successful even though the item within the product wasn't ingested, but these are extreme cases, such as in Donaghue v Stevenson where the plaintiff found a snail in the her bottle of ginger beer.
I think the most you'll get out of the company is a refund or a few free samples if you put in a complaint.
2007-06-06 22:27:43 · answer #2 · answered by xxalmostfamous1987xx 5 · 0⤊ 0⤋
particular, besides the fact that it may be complicated. in this occasion, i would not hire a lawyer until you choked on the plastic or some thing like that. i could say the main you will get out of this could be a clean kit of warm canines.
2016-11-26 21:53:21 · answer #3 · answered by ? 4 · 0⤊ 0⤋
You need to be a little more specific for those of us who have no idea what kind of packaging these cookies have. I would say "No" since it has been opened. Sorry!
2007-06-06 19:32:48 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, You have to prove negligence, and
didn't EAT it so it caused You no harm
2007-06-06 19:36:33 · answer #5 · answered by trebor2 6 · 1⤊ 0⤋
Go ahead and sue, we do't care how you waste your money.
2007-06-06 19:39:58 · answer #6 · answered by TedEx 7 · 0⤊ 0⤋