Legal Question in Business Law in Washington

In order to have grounds for a suit, you have to show, among other things, that you were damaged by what occurred. Did you become ill? (Be aware that if you claim you became ill, you will make your personal medical records a subject of discovery, you will have to show that you became ill, and that the illness was the direct result of the rubber band being there.)

More likely what happened is that you lost your taste for that container of ice cream. Your damages then are what you paid for that ice cream. I'm not sure the postal service would appreciate your sending the sticky ice cream container through the mail, and even if you washed it out first, the cost of shipping would probably exceed the damages you are likely entitled to, which would be the cost of the ice cream. As a marketing gesture, the manufacturer might give you something more, but I don't think you have a winning lawsuit here.

The other attorney is right on point here. Also a personal consultation is appropriate, given these circumstances. Consult with an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney