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Forum Thread

Should I file a lawsuit? do I have a case?

1,730 18 December 7, 2004 at 08:01 AM
Last night my girlfriend opened a can of fancy feast cat fod made by Purina to feed my cats.. upon opening it the the can violently exploded everywhere across her face.. It was the most foul, putrid, rancid contents ever.. It shot out with a great force all over her face and on the ceiling walls, etc.. I have tons of pictures documenting the whole disgusting thing, My girfriend was throwing up for half an hour afterwards and became violently ill.. We both had to throw out all of the clothes we were wearing and my house smells 100 times worse than a garbage dump.. We couldn't stay here last night becuase of the smell.. Now I have all of my windows up and it still smells like shit.. There are also stains all over my walls from the guck.. It was not normal cat food it was a black sludge and the most foul thing you could imagine..

Anyways I called Purina and they said it was a handling issue in their factories and that they improperly handled the can when it was cooking. Do you think a lawyer would take this case? Should we be compensated by Purina? Its the worst thing I've ever seen in my life..

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Joined Aug 2003
L∞: The Doctor
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Halfspin
12-08-2004 at 06:42 AM.
12-08-2004 at 06:42 AM.
Quote from BuckStopsHere :
You don't have to go overboard with it. Ask them for compensation or even 1 year supply of catfood.
Agreed. Ask the company first for compensation. If then mention you will be getting a lawyer. Nothing overboard. Just the cost of cleaning and 20 billion in emotional damage...
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Joined Jan 2004
Hang On Sloopy!
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photokitty
12-08-2004 at 06:44 AM.
12-08-2004 at 06:44 AM.
Quote from DougD :
Even better. And she feels that's all worth $15K?

You feel it's worth $2,500 or more?

You both belong with John Edwards on his campaign. Pathetic. You've gone from merely someone with an unfortunate incident that wasn't worthy of notable compensation to someone now worthy of complete disdain. If she had eaten a bit of bad myo in a Subway sandwich, would you and she be demanding hundreds of thousands of dollars? The result of her being sick would have been the same, the only missing item is the clothing and the staining/odor in the house. You have no reasonable sense of reality.
so the smell and clothes are woth nothing...not saying I think 15K but it is worth something.

Roll Eyes (Sarcastic)You're rude...a big meanie...you can go back to where ever you came from before your 7 posts. Usually people wait until they have 10 to call regulars "pathetic" LMAO
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Joined Sep 2003
Rotten Apple
> bubble2 30,881 Posts
appleyum
12-08-2004 at 06:49 AM.
12-08-2004 at 06:49 AM.
Quote from Iaaaiws :
Just farking great. A little while ago I went to feed my two cats. I grab the next can of Fancy Feast from the cabinet and of course what flavor is it?--Salmon. I almost put it back and grabbed a different one, but decided that was just silly. So just to be safe I look the can over really good to see if there is any sign of it bulging or anything, and it looks just fine. So I grab the little pull-tab thing and pop it open and....

....I farking flinch as it unventfully pops open. The cats are looking at me like I am nuts and wonder why it is taking me so long to give them their food.
Once tree wins the case you can sue tree for traumatizing you with the story
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Joined Sep 2003
Rotten Apple
> bubble2 30,881 Posts
appleyum
12-08-2004 at 06:55 AM.
12-08-2004 at 06:55 AM.
Quote from tree :
lol.. thats great LMAO .. evidently the can of Salmon Fancy Feast that my girfriend opened had a huge bulge, but my girlfriend didn't know any better as she rarely feeds the cats, but I was sick yesterday and had asked her to do it.. She told me today that she felt so stupid because she noticed the huge bulge before she opened it. Next thing I heard it sounded like a shotgun blast and instant screaming followed by throwup and crying
Really? So was it expired can or sitting near a heat source? Cause I have cans that were 5-10 years old and they bulge. Direct sunlight/heat might increase the speed of the process.

If they were expired you can tack on the place you shopped as a source of $$$ Wink
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Joined Jul 2004
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BlankBlank
12-08-2004 at 06:56 AM.
12-08-2004 at 06:56 AM.
Quote from tree :
lol.. thats great LMAO .. evidently the can of Salmon Fancy Feast that my girfriend opened had a huge bulge, but my girlfriend didn't know any better as she rarely feeds the cats, but I was sick yesterday and had asked her to do it.. She told me today that she felt so stupid because she noticed the huge bulge before she opened it. Next thing I heard it sounded like a shotgun blast and instant screaming followed by throwup and crying

LOL. Maybe your girlfriend should have been smart enough to not open the can with a huge bulge in it. doesn't take a rocket scientest to figure that one out.
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Joined Aug 2003
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Mitch
12-08-2004 at 07:12 AM.
12-08-2004 at 07:12 AM.
I'm sort of curious to see how fast they decline him.
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Joined Nov 2003
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mmoerdyk
12-08-2004 at 08:52 AM.
12-08-2004 at 08:52 AM.
Quote from pperry0501 :
Hmm well I guess I AM the impossible. The chiropractor said studies have shown that even a 5 mph impact can greatly damage your back and jaw.


Edit: Im 18 and in very good shape.
Tragically most chiropractor are crooks. They will do anything to get business and keep it coming. Trust me I believe in chiropractics, I just had an appointment this morning for a sports injury. Think about the hit football player give and recieve, most without injury. They are hitting a heck of a lot harder than 5 mph
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Joined Nov 2003
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mmoerdyk
12-08-2004 at 08:58 AM.
12-08-2004 at 08:58 AM.
Quote from Iaaaiws :
I would have no problem asking for a professional cleaning of the interior of your house and replacement of any damaged clothing or other items.
Any idea what professional clean costs? Plus they have to pay a company to handle the clean\re-painting. I'll be surprise if it cost less than 2K.
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Joined Oct 2004
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pperry0501
12-08-2004 at 09:31 AM.
12-08-2004 at 09:31 AM.
Quote from mmoerdyk :
Tragically most chiropractor are crooks. They will do anything to get business and keep it coming. Trust me I believe in chiropractics, I just had an appointment this morning for a sports injury. Think about the hit football player give and recieve, most without injury. They are hitting a heck of a lot harder than 5 mph
Except, she is a friend of my soon-to-be mother-in-law, and she wasnt doing it for money, we were just out to lunch one day and began talking about it. Oh, and shes about to start up a low cost clinic for lower income people =/
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Joined Jul 2003
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PastorOfMuppets
12-08-2004 at 09:51 AM.
12-08-2004 at 09:51 AM.
I refuse to read any further than the first page of this thread until you post pictures of your girlfriend in the shower after this incident happened. Thanks in advance.
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Joined Nov 2004
Yup!
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JoonBug
12-08-2004 at 02:52 PM.
12-08-2004 at 02:52 PM.
Ack, just document everything like you've done and keep receipts or what not of all the damages (i.e. clothes, cleaning, doctor's bills, meds, and whatever loss/damages that you incurred due to this incident) or estimate the loss/damage and have Purina pay you. I agree that this can be easily settled outside of court, and I doubt Purnia would decline to be responsible for it, since they admitted their fault. Remember to keep document all communications to avoid/prevent possible complications.

As for the trauma, that's REALLY hard to prove and I doubt you are really that traumatized to warrant compensation based on legal standards. 15k sounds rather excessive and I wouldn't use it as the starting negotiation price or Purnia would not take you as seriously as it doesn't sound reasonable.

What was the expiration date on the can? Somebody mentioned this and it's a good point: If it's past the sell by date, you can probably go to where you bought the can and ask for some compensation there as well.

Granted, you are entitled to some compensation (for the damages/loss) from Purina and maybe the store, but I don't think they should/will help pay for your wedding.
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Joined Sep 2004
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brat
12-08-2004 at 03:00 PM.
12-08-2004 at 03:00 PM.
Quote from JoonBug :
Ack, just document everything like you've done and keep receipts or what not of all the damages (i.e. clothes, cleaning, doctor's bills, meds, and whatever loss/damages that you incurred due to this incident) or estimate the loss/damage and have Purina pay you. I agree that this can be easily settled outside of court, and I doubt Purnia would decline to be responsible for it, since they admitted their fault. Remember to keep document all communications to avoid/prevent possible complications.

As for the trauma, that's REALLY hard to prove and I doubt you are really that traumatized to warrant compensation based on legal standards. 15k sounds rather excessive and I wouldn't use it as the starting negotiation price or Purnia would not take you as seriously as it doesn't sound reasonable.

What was the expiration date on the can? Somebody mentioned this and it's a good point: If it's past the sell by date, you can probably go to where you bought the can and ask for some compensation there as well.

Granted, you are entitled to some compensation (for the damages/loss) from Purina and maybe the store, but I don't think they should/will help pay for your wedding.
OK, a can *EXPLODES* and sends putrid crap in your mouth, walls, clothes, etc. That would traumatize many folks. Maybe not you, but it would a lot of folks.
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Joined Nov 2004
Yup!
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JoonBug
12-08-2004 at 03:46 PM.
12-08-2004 at 03:46 PM.
Quote from brat :
OK, a can *EXPLODES* and sends putrid crap in your mouth, walls, clothes, etc. That would traumatize many folks. Maybe not you, but it would a lot of folks.
There are different levels of traumatisation and I was talking about legal standards. Just because you were emotionally distressed doesn't mean it automatically grants you the right to compensation. You have to go through various tests. Of course, whether this specific case warrants compensation due to any mental suffering or emotional distress associated with this accident depends on precedent case law, so I am not going to firmly say what she suffered won't get any econimic recovery. It just sounds to me that the gf was more mad than anything.

My whole point was that a plaintiff has an obligation to act in a way that an ordinary, reasonable person would have in a similar situation, and to discourage taking advantage of this incident to get the manufacturer to cough up more than necessary.
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Joined Jan 2004
Here's to the future
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Iaaaiws
12-08-2004 at 04:30 PM.
12-08-2004 at 04:30 PM.
Quote from appleyum :
Once tree wins the case you can sue tree for traumatizing you with the story
Yes, it's been terrible. I can't sleep without having nightmares and I am no longer able to perform my job without having violent tremors. I fear that I will have to quit working for the rest of my life and live off the taxpayers of this fine country. Thank you for your support





LMAO LMAO
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Joined Jan 2004
Here's to the future
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Iaaaiws
12-08-2004 at 04:40 PM.
12-08-2004 at 04:40 PM.
Quote from JoonBug :
What was the expiration date on the can? Somebody mentioned this and it's a good point: If it's past the sell by date, you can probably go to where you bought the can and ask for some compensation there as well.
This is a good point. I just looked at the expiration on a couple of cans of Fancy Feast that I have here and they are good until Sept. 2006, so it appears that they do last quite a while.
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