Joined Nov 2003
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Forum Thread
Should I file a lawsuit? do I have a case?
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..
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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If indeed there was a packaging issue, you have to prove any damage occured was due to irresponsible packaging and that it had nothing to do with how the package was handled up to that event nor how it packaging was opened.
A bottle of soda is designed to withstand typical drops and shakes. However, if you shake this bottle with lots of pressure for 24 continuous hours, it will most likely burst and cause a lot of damage. Is the bottler at fault for this?
I'm not accusing the OP for improper use of the pet food... but there's no doubt a corporate lawyer will want to imply that.
I sent my claim in today for 3K to paint my walls, touch up my ceiling and replace the thrown away clothes.. the remainder is for the mental and physical uncomfortableness that my girlfriend did not deserve, they will basically pay for our next cruise. The Purina representative seemed to think that was very reasonable althogh she is not in the claims department and will not make the ultimate decision..
I felt guilty asking for an amount I did not think was appropriate so I settled on asking for 3K.. The girlfriend/ soon to be fiance wants blood, but she wants me to ask for it.. I told her if she wanted 15k she would have to ask for it and she let it go and she hasn't brung it up since.. I'll keep you posted, although they will probably try to stall at this stage and hope to weed me out.. I did contact a lawyer who will take the case so it would be in Purina's best interest to jump on my request
Did they say how they'll prevent future mishandling of the cans? Is it something that happens from time to time? I wonder if it happened to other people, too - It might be a bigger problem than just your isolated case.
Good luck! Keep us posted.
I sent my claim in today for 3K to paint my walls, touch up my ceiling and replace the thrown away clothes.. the remainder is for the mental and physical uncomfortableness that my girlfriend did not deserve, they will basically pay for our next cruise. The Purina representative seemed to think that was very reasonable althogh she is not in the claims department and will not make the ultimate decision..
I felt guilty asking for an amount I did not think was appropriate so I settled on asking for 3K.. The girlfriend/ soon to be fiance wants blood, but she wants me to ask for it.. I told her if she wanted 15k she would have to ask for it and she let it go and she hasn't brung it up since.. I'll keep you posted, although they will probably try to stall at this stage and hope to weed me out.. I did contact a lawyer who will take the case so it would be in Purina's best interest to jump on my request
gj
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Did they say how they'll prevent future mishandling of the cans? Is it something that happens from time to time? I wonder if it happened to other people, too - It might be a bigger problem than just your isolated case.
Good luck! Keep us posted.
If they won't work with you, take 'em to small claims court for the amount of your damages. Damages are the cost of cleaning, etc. i.e. things you can produce a receipt for.
gj
Those that think it's just a little rotten food and isn't that big of a deal should read up on it.
Botulism is not just dirty and smelly, it's EXTREMELY dangerous.
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CDC general info on Botulism:
http://www.cdc.gov/ncidod/dbmd/di...lism_g.htm
CDC info on Botulism as a Bioterrorism Agent:
http://www.bt.cdc.gov/agent/botulism/index.asp
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"Background: Botulism is a paralytic disease caused by the neurotoxins of Clostridium botulinum and in rare cases, Clostridium butyricum and Clostridium baratii. These gram-positive spore-forming anaerobes can be found in soil samples and marine sediments throughout the world. With a lethal dose to humans of less than 1 mcg, botulinum toxins are among the most poisonous substances known and pose a great threat as an agent of biological warfare."
http://www.emedicine.c
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U.S. Food & Drug Administration info:
http://vm.cfsan.fda.go
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LMAO!!!! That was too funny Kristyn's Ghost. Was the can actually bulging? I don't know if I read that or not. If so, why didn't the store pull it?