Legal Question in Product Liability in Pennsylvania

I bit into a foriegn object that was in a sealed bag of salad from co. . its a piece of plastic. I called co. & they sent a return bag to put foriegn object in & send back. They also gave a # & insurance claim # but want objuect sent to them asap! I made dentist appointment cause feels like my tounge catching on rough edge of theet. The main question is.... my self nor my daughters will eat BAGGED SALAD anymore & I eat salads everyday. Can I recieve any other compensation besides the co. paying for dentist? & Should i get lawyer, & should I send object back?


Asked on 3/09/11, 8:29 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

If you suffered an actual physical injury and your dental bills, and those of your children are significant, and you suffer mental distress from the incident, you could sue. Did you sign a Release? If so, that might be raised as a defense in your case, but, technically yu canot release your children's rights. I would definitely see a lawyer who will determine if your case is worth taking. Lawsuits cost a lot of money (filing fees, deposition costs, experts if necessary, payment for dential records). the lawyer will be able to tell you whether your case is worth pursuing from an economic point of view. For example, if you have a case that is worth $2,500, the lawyer will charge 1/3 to 40% (25% for minors); he will have to put out the costs for filing fees and getting your records, and if depositions are involved, the costs (not fees could exceed $1,000). So if the lawyer takes a third ($833), the costs are $1,000. that leaves you with about $650. The question is really does that make economic sense to you and the lawyer, when the lawsuit can drag on for a year or more. On the other hand, a lawyer might think that your case is worth more than that and might be willing to take it. The first visit is almost always free, so you have nothing to lose by seeing a lawyer.

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Answered on 3/13/11, 9:54 am


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