Legal Question in Product Liability in Florida

Is there any legal recourse for eating canned product that contained whole bug?


Asked on 10/11/13, 12:11 am

1 Answer from Attorneys

David Harris Davd Harris Law PA

This question actually comes up a lot regarding food products.

Without more information, you have a few options. Among those options are a refund of the purchase price, civil claim for damages, and making a complaint to an agency with jurisdiction (oversight authority).

Refund of the purchase price can usually be accomplished through the store where the product was purchased from, or directly with the producer of the product. Contact information for the producer should be on the can.

In terms of a civil claim, unless you have suffered an actual injury, then it is unlikely you would recover any financial compensation above the purchase price. If you did suffer an injury, then its severity or nature would be critical in terms of determining whether the claim is worth pursuing from a lawyer's perspective. Injury claims cost a lot of money and time to investigate and pursue, so if there is no real injury, then chances of finding counsel who will pursue the claim are probably remote.

As far as an agency complaint, you can look to the Florida Department of Agriculture as one source of a complaint. This agency has an online complaint form. You do not receive any money compensation through this route, but instead are placing the agency (and producer of the product) on notice of the issue.

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Answered on 1/10/14, 9:43 am


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