Legal Question in Product Liability in California

Can I take a large cooperation like Safeway to small claims court because I found glass in there bakery food? I go to the dentist soon to see if there is any damage to my mouth, but the emotional effect of finding glass in something I was sharing with my daughter has completely took over my mind. I have been not able to eat anything I don't prepare myself. I feel as if it might take me a long time to be able to eat premade things again.


Asked on 6/16/14, 10:30 am

1 Answer from Attorneys

Allister Liao Law Offices of Allister R. Liao

Yes, you can sue a corporation in California's Small Claims Court. The tricky part is figuring out who to serve the documents on once you've properly filed them. You'll have to do some research to figure that out.

A place to check is the California Secretary of State's website. There's a section where you can conduct Business Searches to identify who the registered agent for service of process is.

Another thing to be aware of is the proper jurisdiction to file your claim. If your claims only involve personal injury matters, then you must bring your claim in the county where either (A) the injury occurs OR (B) where one of the defendants resides at the commencement of the action. See, Code of Civil Procedure, Section 395.

There's quite a bit of information online regarding small claims in each of the several counties:

* http://www.sfsuperiorcourt.org/divisions/small-claims

* http://www.alameda.courts.ca.gov/pages.aspx/small-claims

* https://www.sanmateocourt.org/court_divisions/small_claims/

* http://www.scscourt.org/court_divisions/small_claims/small_claims_home.shtml

* http://www.cc-courts.org/index.cfm?fuseaction=page.viewPage&pageId=6783

You could also make a trip down to the courthouse. Often times there is a self-help counter where someone can answer informational questions that you might have, or to provide assistance in filling out forms.

Finally, make sure to preserve the foreign objects (glass) that you found in the food. You will need this evidence to prove your claim.

Best of luck to you!

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Answered on 6/16/14, 10:51 am


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