do I have a lawsuit?

Question

Okay, so I bought 3 totinos pizzas from walmart yesterday, and when they were rung up, they would not scan and kept saying do not sell, so the cashier just rung them in manually. Today, my cousin informed me that they are all recalled as of yesterday morning due to ecoli and should not have been available to the public and she said that it amazes her that they were still all out there, when they had time to put it in the computer, but not unload the 6 shelves of the product. I bought the pizzas at 5 in the evening, and it really pisses me off, as my kids were going to eat those tonight. I called walmart and the manager was panicking that I need to bring them back ASAP. My husband however, wants to contact a lawyer as we just dealt with the salmonilla BS last year with the peanut butter and my daughter contracted it. We did not pursue a case, but we both agree the lack of care for the food products lately is ridiculous. What do you think? Should I just take them back or what?

trust me, I could give a rats butt about restitution, I just want the food safety to be better for all of us, and I am sick of all the lack of care for it. I just want to know how to help enforce better food safety policy.

Answer 1

Some people don't like to watch the news and could've and would've missed those news reports. Heck, some people don't even own a TV for that matter. I think it's really good thing that your cousin told you about the recall BEFORE your kids ate those pizzas. I think a lawsuit might just be in order.... Maybe for both the pizza maker and the store who sold it. Food safety is getting ridiculous and it's so obvious that someone, somewhere is sleeping on the job. I say hold them accountable and force them to make some changes. Or the problem will continue and people will continue to get sick and/or die as a result. Just my two cents worth. Granny B.

PS I love Totino pizzas and was fixing to buy some...... I grocery shop on the 1st day of the month.....Glad I saw the announcement.

Answer 2

Just take them back. Did the cashier make a mistake, yes. Mistakes happen. You didn’t suffer damages, ie did someone get sick or die. Nope. Then what would you be suing for, the price of a pizza? You’d get that back just by returning them to the store. As far as your cousin statement, let’s see it take a minuet or two to put the information into a computer, give it two minuets to update the tills, all from the home office many, many miles away, and this all could be done before the local management even knew about the recall.

No I don’t agree that there is a lack of care for food products. Let’s think about it. What does any producer have to gain from tainted food, nothing. What does the retailer have to gain, nothing. In fact it’s to their advantage to have good food. If you knew company X sold bad food would you any food from them? If they really didn’t care would you ever find out about tainted food?

Sure someone might want to dump some tainted produce on the market, but it would only be the very foolish producer who would even think about buying it. The producer would shortly be out of business, either people wouldn’t buy from them again or they would be sued out of business.

Answer 3

You may not since you did not indicate that the food had been consumed. You called the manager and he told you to bring them back, presumable for a full refund. Financially, the cost of the Totino's is all you would lose if you were to decide to just throw them away. Since they weren't consumed, your family won't likely become sick with ecoli, therefore, no doctor or emergency room bills from that.

I would contact a lawyer for a free consultation just to be sure, but I don't think that you have a case against Wal-Mart.

Answer 4

Lawsuits are based on both liability and damages. You musty have both; one without the other is useless. You have liability because the cashier should not have sold you the pizzas after they rang up "do not sell" and because she as not properly trained that these pizzas were recalled and should not be sold.
But befire you get excited and start counting your money, as people do here in the United States of Lawsuit, let me point out that you have no damages. No one ate the pizza; no one got sick. (Even if someone ate it, they would have to get sick and be diagnosed with Shiga toxin (E. coli) for you to have damages.) All you are entitled to is a refund of the price you paid for the pizzas and a heartfelt apology.

Answer 5

You take them back and you get a refund. You cannot sue for incovenience. You cannot sue for "what might" have happened.

Yes - the cashier should have known, but then again this is a woman getting paid minimum wage - she probably doesn't give much of a damn.

No one ate them, you know to return them - besides they are crap junk food and really should be ingested by anyone even without the E. Coli!

Answer 6

Sorry, tort law is based on damage, and fortunately, the store's negligence did not result in damages (illness) for your children.

Although you may not have a court case, I'll bet you could manage to get a gift card or two out of the store manager if you are firm but respectful!

Answer 7

I believe you, serving a jail sentence could also be their punishment, however what approximately the sufferer? He is then rewarded by means of being allowed to move out and even as out for the day buys a lottery price tag - but remains to be beneath punishment. Just considering he served a jail sentence does not imply that beneath his modified occasions, he should not be made to pay repayment to the sufferer. I like your thought approximately promoting possessions as a way to pay repayment, and that the repayment must be important to the crime - however rape is a significant crime and for that reason the volume was once presented. Prison is a delicate alternative, you are not able to say he is paid his debt by means of being despatched there to any extent further. Maybe tough labour for the ones no longer competent to compensate the sufferer for his or her crimes?

Answer 8

you absolutly have a lawsuit. first off the pizzas were on recall meaning that they should not have even been on the shelves b/c they could corrupt other food products and could kill or seriously injury people if eaten. the cashiers should have been notified of the recalls, and obviouslly they werent, and if they were then u still have a lawsuit against that one cashier, but right now it looks like u could have a lawsuit against that store in particular and the entire walmart industry. call a lawyer hed be better at explaining it than me,

Answer 9

Just take them back. Lawsuits can go for years and when you pay lawyers and everything it isnt worth the time.
The cashier probally had no clue what was going on and trying to make shopping there more helpful my typing in the items manually

Answer 10

Take them back. You have not been damaged, you have no case. Instead of being out looking for a big payday, be grateful no one in your family ate the pizzas.