Legal Question in Civil Litigation in Utah
I found a bug in my tuna!!!
The other day I opened a can of Starkist tuna and found a dead black bug inside. I have saved the can and the bug (in my freezer.) I also took several digital pictures and emailed a formal complaint to Starkist. They got back to me the next day and offered to give me some free coupons for more tuna. They also want me to mail them the bug so they can send it to their lab for testing.
I am outraged and disgusted! I expected a major company like this to have higher standards. This was unsanitary, a health risk and just plain gross. I wil never be able to eat tuna again...or anything from a can for that matter!
I am wondering what my legal rights are? What can I do, can I sue? Do I even have a case?
Thank you so much for your time and energy into this matter.
Sincerely,
1 Answer from Attorneys
Re: I found a bug in my tuna!!!
Generally your rights are limited to the actual damages you suffered, plus conseqential and possible punitive damages. Actual damages would be the cost of the tuna. Consequential damages would be those damages which arose as a result of the incident - here probably nominal. Punitive damages are to punish the wrongdoer for gross or wanton neglect. Such damages are hard to prove with these facts. If you have severe emotional pain and suffering, backed up with a need for medical or other health care (including mental health care) you may - MAY - be entitled to damages to compensate you for your trauma.
You probably do not have a very good case. A bug could have inadvertently entered the packaging process, even with excellent health and safety controls. You did not consume the bug or the tuna, therefore did not sustain direct medical damages. Your fears are pretty subjective, and will be hard to convince a jury that you should be awarded any significant damages. Generally, in order to recover in a case like yours, the conduct of the company would have to be outrageous and/or shock the conscience of a reasonable person. This was most likely not intentional, and unless you can find records of repeated neglect, seems to be an isolated incident. A jury will not punish someone with out reasonable cause. By the way, did you know that the average person accidently consumes about a pound of insects each year?