Legal Question in Product Liability in California

maggots in my baby's food

i was sent to a local foundation to get extra food at low cost twenty dollars. i needed this for my family since i am keeping two extra children with no suport from the parents or social services.

when i took the food home i was putting up the can goods and my son ask me if they could have some pudding and i replied yes.

when i looked up at my 2 yr old daughter there was something moving on her face and when i went closer it was

a maggot !!!!

the pudding she was eatting had dried maggots and a few live one inside and on it. i panic and went to the hospital.

my baby is ok so far

i called the foundation and told them about it and the woman was so busy she told me she was counting money and ask me to wait..and she appoligized for what happened and said she would call me back later after speaking with the men in the back.

she never called me back, i called her and she was still counting money on the phone in my face and said she had them to throw away all the puddings that were no good and said she was sorry again.

i am past angry and that experience was crazy..now the other children will not eat anything all day afraid of what would be inside...checking things twice and my neice is sick to her stomach from the experience


Asked on 3/29/06, 7:01 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: maggots in my baby's food

I take these type of cases on contingency fee arrangements on occassion. I practice throughout California. Call me directly at 16192223504.

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Answered on 4/04/06, 10:50 pm
David Lupoff Law Offices of David B. Lupoff

Re: maggots in my baby's food

This sounds like a very interesting set of facts. However, it is difficult to tell who has liability for giving you pudding with maggots in it. I do not believe that you mentioned whether or not the pudding was packaged pudding - something that some one would purchase at the store or whether they made the pudding at the foundation. Perhaps the pudding was packaged, but opened at the foundation.

In any event, we need more information in order to determine whether or not you have a viable lawsuit.

Please feel free to call my office at, 818.385.0462 and set an appointment for a free consultation.

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Answered on 4/05/06, 7:28 pm


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