Legal Question in Personal Injury in New York
My mother found a maggot in her chicken yesterday. She had cooked it two days ago and was tearing up the chicken in preparation for a soup. When she did this she found a large bloated maggot. She doesn't know if her or my grandmother might have eaten one the day before. She just isn't able to know for sure. Do we have any case against Perdue Chicken?
1 Answer from Attorneys
Part of any negligence claim is the element of damages. Merely finding something in your food, without ingesting it and having accompanying illness or extreme emotional distress would not give rise to a claim against Perdue.
Of course, that is not to say that Perdue would not compensate you with some coupons for your troubles -- but simply that without damages, a court could not find in your favor.
Good luck!
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