Legal Question in Product Liability in Maryland

Foreign Object in a Perdue Oven Roaster

I found a small coiled wire in a Perdue Oven Roaster. Perdue has now contacted me with apologies and a $25.00 check for purchase of additional produce. I understand that this is a nuisance law suit. Is there a specific amount of monetary compensation to which I am entitled by law?


Asked on 9/06/04, 4:44 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Foreign Object in a Perdue Oven Roaster

No specific amount of damages applies to such a complaint. Damages is an element that requires probative proof. An attorney can assist you with assessing damages or other aspects such as liability.

Be careful of bringing nuisance complaints as there may be associated costs which are not being considered. Equitable consideration applies after the necessary matters are proven under a complaint.

THIS E-MAIL CONVEYS INFORMATION ABOUT THE LAW IN GENERAL. FOR LEGAL ADVICE YOU SHOULD CONTACT AN ATTORNEY.

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Answered on 9/06/04, 10:33 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Foreign Object in a Perdue Oven Roaster

I will assume, from your question, that you suffered no specific physical injuries from the coiled wire that you found in your chicken.

[If you did suffer an injury, or think you may have, you need to seek medical attention immediately.]

In terms of the amount of compensation you might be entitled to, you would have a legitimate claim for your actual damages. Since you don't indicate suffering any actual damages, then at best, you would be able to obtain "nominal damages." "Nominal damages" could be as low as a single dollar, depending upon the circumstances.

Your best chance of perhaps negotiating a higher payment, without going to court, would be to retain a competent attorney to thoroughly review the facts of your case, and to negotiate with the other party on your behalf.

If you wish to consult with me about possibly retaining my services, I can be reached at:

[email protected] or [email protected].

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Answered on 9/07/04, 2:22 pm


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