Can I sue a small-pet food company if a dead mouse was found in a bag?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue a small-pet food company if a dead mouse was found in a bag?
I recently found a dead, processed, possibly diseased mouse in my hamster food bag. By processed, I mean it was extremely thin (squished if you will) almost as thin as a piece of paper. My hamster has been happily eating from this bag of food for two weeks until I made the grizzly discovery. I do have pictures of the dead mouse as well as the bag it came from, but I returned the bag as well as the mouse to Petsmart and they gave me another company bag for free. I contact the company and they gave me coupons in the mail, not like I want to ever use their products again.
Asked on July 18, 2012 under General Practice, Florida
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The problem is you returned the evidence and further, your hamster is okay. There is no damage. It would be expensive for you to sue for damages when it involves a pet...pets are considered chattlle or propety in most states and therefore, this wouldn't rise to the same level of liability as it would if a) this was human food and b) you got sick.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.