Can I sue for finding a cockroach in my coffee? 20 Answers as of May 27, 2011

I purchased a coffee from a deli in a local grocery store. I took a sip and spit out a roach. I have a witness and possible video footage. They also compensated me with a $20 gift card. What can I do if I wanted to follow through with law suit? What type of situations am I looking at?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
Besides it being disgusting, there was no real injury and thus a lawsuit would probably not yield a recovery. You can always report the deli to the health department.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
David Hoines Law
David Hoines Law | David Hoines
You need harm; there doesn't appear to be any.
Answer Applies to: Florida
Replied: 5/11/2011
Dearbonn Law Offices
Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
You can absolutely sue them for negligence. Restaurants of which delis are a part are held to higher standards of care and have breached this standard with the cockroach in your coffee. moreover you are an invitee as they their doors are open to the public. You have a valid cause of action against this deli.
Answer Applies to: Washington
Replied: 5/10/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You can sue in small claims court.
Answer Applies to: California
Replied: 5/10/2011
Ramunno & Ramunno, P.A.
Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
You can sue for whatever physical and/or mental injuries you sustained.
Answer Applies to: Delaware
Replied: 5/10/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    Well, you can sue them but I wouldn't. It would be hard to prove they knew a roach had crawled in the coffee. They hang around warm appliances anyway. I would take the twenty and call it a day.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have to prove damages my friend. You don't have any. That is what the gift certificate was for, to say we are sorry. You would have to prove that their negligence caused you some real damage, preferably a doctor.
    Answer Applies to: North Carolina
    Replied: 5/9/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    You may have a viable lawsuit against the grocery store for negligence if there were reasonable precautions they could have taken that would have prevented the incident. You should hire an attorney who can send the store a demand letter demanding compensation for your emotional distress.
    Answer Applies to: California
    Replied: 5/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you didn't even get any medical care for it, and you didn't even have to pay anything to a doctor or clinic, then in the absence of a claim for some type of psychological injury, the $20 gift card you got was probably all that you could get.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    As despicable as this incident was, the real question is how were you damaged? I doubt you got physically sick (other than nausea from being grossed out) and you have no permanent injuries, no medical bills,etc. I highly doubt you could find any attorney to pursue this on your behalf because the value of the case is so minimal in my opinion.
    Answer Applies to: California
    Replied: 5/9/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    Yes, but what are your damages? The case is most likely too small to pursue.
    Answer Applies to: Illinois
    Replied: 5/9/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes you can sue. They are liable for any damages you suffered. However, cases where bugs are found in food aren't worth very much and you will probably have difficulty finding an attorney to take the case. If you want to file suit, call some attorneys until you find someone willing to take the case.
    Answer Applies to: South Carolina
    Replied: 5/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would have a negligence claim and would have to establish damages suffered such as mental distress.
    Answer Applies to: Connecticut
    Replied: 5/9/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Getting nothing. By accepting gift card you probably settled case. You can recover your damages normally, but I do not see enough damages to do case. The costs are more than the value of your case.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    As outrageous as it sounds, this type of lawsuit, where you did not get sick, is not worth the time and trouble. Unfortunately in life these things happen and sometimes its better just to leave it alone and not go back there again.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Extent and duration of injury are the consideration for the trier of fact, either judge or jury. Mileage may vary... Stay well.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    As nasty as that is, your damages aren't much. The value in personal injury cases are when someone has a permanent injury, and your situation is just a brief "yuck". Take the $20, and be grateful that you didn't end up with the roach in your mouth.
    Answer Applies to: New Jersey
    Replied: 5/9/2011
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