What legal action can I take against a company who sold me contaminated water? 19 Answers as of January 30, 2012
I bought a bottle of water last week. I drank some and noticed mold or something inside the bottle. I got a stomach ache and diarrhea later that evening. The company has only offered some coupons for more product which I'm afraid to drink now. What should I do next?Free Case Evaluation by a Local Lawyer!
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Atterbury, Kammer & Haag | Eric J. Haag
Unless you have symptoms that persist, your damages are small enough that your best course of action would be to pursue the case in small claims court if your jurisdiction has such a procedure available. Generally, cases under $5,000 can be pursued in small claims court relatively quickly and inexpensively. On the other hand, if you make a reasonable settlement demand to the manufacturer that reflects the amount of damage you suffered, they may agree to compensate you without the need for small claims court.
Answer Applies to: Wisconsin
Replied: 1/30/2012
Law Offices of Richard Copeland, LLC | Richard Copeland
Your claim would be very difficult to prove, and your damages are very low. You can try to negotiate for a small settlement, but no attorney is going to want to take the claim given the difficulty of proof in a limited amount of your damages.
Answer Applies to: Colorado
Replied: 1/30/2012
RECHTMAN & SPEVAK | DAVID RECHTMAN
It is very difficult to institute successful legal action in this circumstance without substantial damages. Did you go to the hospital? How many times did you receive medical treatment? How long were you sick? Remember, it is not just the wrong committed that makes a case, but also the damages caused by the wrong committed. That said, you always have the right to sue without legal representation. If the Defendant is located in-state, you may have the option to sue in Magistrate (small claims) Court.
Answer Applies to: Georgia
Replied: 1/30/2012
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not much. To get serious damages you have to have serious injuries. You would have to prove the fault, maybe have lab work done, expert to pay etc. cant do that with a tummy ache
Answer Applies to: North Carolina
Replied: 1/30/2012
DEAN T. JENNINGS, P.C. | Dean T Jennings
Although it sounds like the are liable, it sounds like your damages are very minimal. Unless you have a large medical bill and some ongoing expenses your case is not worth pursuing. Take the coupons or ask them to give you the cash equivalent. These are the kinds of cases that are just not worth the effort unless the damages become very significant.
Answer Applies to: Iowa
Replied: 1/30/2012
Kelaher Law Offices, P.A. | James P Kelaher
Unless you had to go to the doctor and had to pay for medical bills, and unless you had more illness than just diarrhea that afternoon, take the coupons.
Answer Applies to: Florida
Replied: 1/30/2012
The Margolis Firm | Charles J. Candiano
Unless you incurred out-of-pocket expense for medical care, take the coupons. If you had to pay a medical bill, make them reimburse you. You have no injury.
Answer Applies to: Illinois
Replied: 1/30/2012
David F. Stoddard | David F. Stoddard
If you have no permanent medical impairment, your case is not worth much. Ask for what you think one evening of suffering is worth, plus any medical bills. For suffering, I would suggest between 100.00 and 500.00. You may want to wait awhile and make certain you are fully healed, and that you will have no long term affects. If you are determined to file suit if you cannot settle, you may want to turn the water over to an appropriate lab that can analyze the water. Labs that do drug screening may be able to o tis.
Answer Applies to: South Carolina
Replied: 1/30/2012
Andrews & Sanders Law Office | Richard A Sanders Jr
Find out if it was the company that sold you the water or if it was the bottler of the water. Did the company keep the water too long? Was there something inside the bottle that contaminated the water? How severe were your injuries? Did you go to the ER or other doctor? Search the Internet and see if anyone else got sick. Contact an attorney. Make sure to keep the bottle.
Answer Applies to: Georgia
Replied: 1/30/2012
Lombardi Law Firm | Steve Lombardi
These are tough cases to prove because so many people lie about how the food or soda or even water became contaminated. What you should do is turn the water over to the department of health in your State and allow them to investigate. That may prove your case which in turn will allow you to assert a more valuable claim for compensation.
Answer Applies to: Iowa
Replied: 1/30/2012
Merdes & Merdes, P.C. | Ward Merdes
You can sue the company for your damages, which sound minimal. While nobody likes an evening of feeling bad - it just is not worth the effort to file a lawsuit. This is normally known as a "frivolous lawsuit" because it is so small. Remember the Two Year Statute of Limitations. This is VERY important. You must sue or settle within two years, or lose valuable legal rights, including the right to compensation. BOTTOM LINE: It sounds to me like you are 100% right. The water company is 100% wrong, and you are without recourse. Frankly, I'd go bend a knee and be thankful you got out of this one so easily.
Answer Applies to: Alaska
Replied: 1/30/2012
Attorney at Law | Ernest Krause
You remember when someone sued McDonald's for serving coffee that was too hot. The law suit didn't go anywhere because she had no appreciable injury and, so, the claim had only nuisance value. I bet the lawyer did it to get lots of free publicity. Recently a cockroach appeared from the overhead area of a plane in flight. Directly below it was a couple; the husband was a lawyer. He filed a Complaint alleging everything imaginable. Just for fun I guess. Again, where was the injury that was worth any money? In your case, also, where is the injury that is worth anything? Besides, in real life, you'd have to prove you bought the bottle of water, that it had something noxious inside and that your consumption thereof caused your distress. And you'd have to prove you actually had the distress.
Answer Applies to: California
Replied: 1/28/2012
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
RCW 7.72 expresses the current state of statutory law regarding product liability in the State of Washington.
Answer Applies to: Washington
Replied: 1/28/2012
Law Office of Jared Altman | Jared Altman
I do 'at think that your injury is severe enough to interest a lawyer. Take the offer and move on.
Answer Applies to: New York
Replied: 1/28/2012
Andrew T. Velonis, P.C. | Andrew Velonis
Take them to small claims court. Find out what the dollar limit is in your area and sue for that amount.
Answer Applies to: New York
Replied: 1/28/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You can try a small claims action. Your complaint is not worth much money. You can accept the coupons. You can forget about it and move on with life.
Answer Applies to: California
Replied: 1/28/2012
McKell Christiansen | Michael McKell
To win your case you will need to prove that your were injured. To simply have some stomach problems the night after drinking bad water is not likely enough to bring a legal action. If you won your case, your damages would be minimal at best.
Answer Applies to: Utah
Replied: 1/28/2012
A. Daniel Woska & Associates, P.C. | Dan Woska
The contaminated bottle of water, assuming it has been preserved as evidence, has caused you diarreahea and stomach problems. The compensation for damages you would seek if you went to trial would be based on the seriousness of your injuries. Hiring an expert to evaluate you and testify about your damages would cost thousands of dollars for a law firm to present proof at trial. The suit, the discovery and the trial would be expensive to present and without serious damages, it would be a tough case for a plaintiff's lawyer to handle economically. It may be a case where you bring your own claim in small claims court. "The strength and power of despotism consists wholly in the fear of resistance.
Answer Applies to: Oklahoma
Replied: 1/28/2012
