Do I have a lawsuit and who can I report this to after I found a cockroach in my chicken from a store deli? 8 Answers as of May 05, 2014

I purchased the general chicken soup from the local store deli and began eating. Well after only a couple bites to my dismay, I see a cockroach in my food not just sitting there but mixed in the coating mixture on the chicken dead, so it's been there! How and what do I do to pursue this legally? My standards for a small town cafe aren't so high and I would blow it off but this is a big store and I shouldn't have received food with a cockroach in it. I have just found this not long ago but do haven't had time to get sick from it and hopefully I do not. Do I have a ligament law suit or should I just take whatever the store tries to give me? Also if I don't have a law suit, who would I report this to, because ethically they should take more pride in the food they serve. Thank in advance and have a nice day.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 5/5/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your lawsuit would be for the value of the chicken soup. You are wasting your time. complain to the manager and get on with your life. Roaches are protein and if cooked would not likely cause a health problem. all kinds of insects are eaten in various parts of the world where protein is in short supply.
Answer Applies to: North Carolina
Replied: 5/5/2014
Law Offices of George H. Shers | George H. Shers
You have the basis of a claim for a lawsuit of very little value. You have not gotten sick and have very minor "injuries". It is best to inform the store and see if they will offer you anything. You can notify the state and local departments of health, but one incident probably is not going to result in any action by them.
Answer Applies to: California
Replied: 5/5/2014
James M. Chandler | James M. Chandler
You need to report the problem to the store. You need to retain the container with the cockroach in it. Take photographs of the product with the animal and give them a photograph with the complaint.
Answer Applies to: California
Replied: 5/5/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, which incorporates the UCC, you have a claim for tainted food.
Answer Applies to: Michigan
Replied: 5/5/2014
    Gates' Law, PLLC | Thomas E. Gates
    You have no lawsuit. Report it to the health department and the store.
    Answer Applies to: Washington
    Replied: 5/2/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Thank you for a sensible question. We have many people inquiring about food contamination, and like you, most of them are not injured. If you don't get sick from it, then all you are technically entitled to is the cost of the meal. Many stores and restaurants will comp you more than that, for the sake of public relations. You should certainly report this to your local board of health. Also, you should report this to the corporate owners: you state this is a big store, so they have a company website, find the "contact us" link and give them the facts. You are right, they do take pride in their products, but once in a while something is going to slip through no matter what. But they do want to know about this so they can correct it. Be polite about it, don't threaten them with a lawsuit or bad publicity, but explain to them that you rely on their brand for quality food, and you were disappointed when they failed to live up to their standard.
    Answer Applies to: New York
    Replied: 5/2/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Your instincts are correct. It is disgusting and certainly a code violation but you were NOT injured so you would have no right to recover beyond what they may offer. I would definitely report the incident to the Board of Health.
    Answer Applies to: Illinois
    Replied: 5/2/2014
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