Slickdeals is community-supported.  We may get paid by brands for deals, including promoted items.
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..

206 Comments

Your comment cannot be blank.

Sign up for a Slickdeals account to remove this ad.

Joined Oct 2004
Igno(red)
> bubble2 932 Posts
151 Reputation
cundo
12-08-2004 at 05:30 PM.
12-08-2004 at 05:30 PM.
Quote from Iaaaiws :
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.
I don't think the expiration date on a food item exonerates a company from the way the food was packed. The expiration date is there to warn about the spoilage of the food but not much more.

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.
Reply
Joined Oct 2004
Geek Chick
> bubble2 10,953 Posts
434 Reputation
someone28624
12-08-2004 at 05:37 PM.
12-08-2004 at 05:37 PM.
She wasn't shaking it for 24 hours. She simply tried to open it.
Reply
Joined Nov 2003
N/A
> bubble2 1,730 Posts
18 Reputation
Original Poster
trunk
12-08-2004 at 06:28 PM.
12-08-2004 at 06:28 PM.
the expiration on the can was in 2006.. they improperly handled the can during boiling and the pressure of the cans being stacked upon each other resealed the seal of the punctured can.. It is a slam dunk product liability case which I am choosing to be very reasonable and handle directly with them without going for blood and getting lawyers involved so all of you slamming me and my girfriend can get a clue.. If you were there it is the same as someone tossing a bucket of diahreea across your face, on your lips and on the walls of your home..

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
Reply
Joined Nov 2004
Yup!
> bubble2 5,468 Posts
403 Reputation
JoonBug
12-08-2004 at 08:01 PM.
12-08-2004 at 08:01 PM.
I hope you don't think I was "slamming" on you; I am sure it REALLY sucks to have rotten cat food all over you and your walls. I was just trying to discourage unethical behavior if the thought ever crossed your minds. I am glad you are taking appropriate steps to get what is entitled to you and I agree with you - Purina'd better accept your request (which seems reasonable) or things will get ugly!

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.
Reply
Joined Jun 2004
Information Stylist VII
> bubble2 38,558 Posts
2,451 Reputation
XXnarg
12-08-2004 at 08:10 PM.
12-08-2004 at 08:10 PM.
Quote from BlankBlank :
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.
Most women know if they mess with something with a bulge in it they might get icky stuff all over them.
Reply
Joined Oct 2003
L10: Grand Master
> bubble2 32,523 Posts
1,665 Reputation
arjunsr
12-08-2004 at 08:15 PM.
12-08-2004 at 08:15 PM.
Quote from tree :
the expiration on the can was in 2006.. they improperly handled the can during boiling and the pressure of the cans being stacked upon each other resealed the seal of the punctured can.. It is a slam dunk product liability case which I am choosing to be very reasonable and handle directly with them without going for blood and getting lawyers involved so all of you slamming me and my girfriend can get a clue.. If you were there it is the same as someone tossing a bucket of diahreea across your face, on your lips and on the walls of your home..

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
just curious, are you going to paint your walls that were splattered/throw away the clothes you were wearing? nothing to do with the case, just wondering.
Reply
Joined Feb 2004
L2: Beginner
> bubble2 48 Posts
11 Reputation
peacekeeeper22
12-08-2004 at 08:16 PM.
12-08-2004 at 08:16 PM.
Quote from Xnarg :
Most women know if they mess with something with a bulge in it they might get icky stuff all over them.
Tree man, ignore these idiots.. I is glad u got what u wanted out of the deal man, things like that are always a big mess, now u can focus on making everything better, with the legal action out of the way

gj Smilie
Reply

Sign up for a Slickdeals account to remove this ad.

Joined Nov 2003
N/A
> bubble2 1,730 Posts
18 Reputation
Original Poster
trunk
12-08-2004 at 08:17 PM.
12-08-2004 at 08:17 PM.
Quote from JoonBug :
I hope you don't think I was "slamming" on you; I am sure it REALLY sucks to have rotten cat food all over you and your walls. I was just trying to discourage unethical behavior if the thought ever crossed your minds. I am glad you are taking appropriate steps to get what is entitled to you and I agree with you - Purina'd better accept your request (which seems reasonable) or things will get ugly!

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.
She said it has happened before and She has seen the nasty processes that take place inside the punctured then resealed cans first hand which leads to believe they probably have been sued for this before .. She didn't give numbers, but said it is extremely rare and isolated that this happens...
Reply
Joined Nov 2004
L7: Teacher
> bubble2 2,698 Posts
140 Reputation
pyro008
12-08-2004 at 08:23 PM.
12-08-2004 at 08:23 PM.
Quote from dalesd :
Nobody died? Nobody lost an eye or otherwise became disfigured? If there's no death or personal injury, a lawyer won't be interested.

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.
ok dude someone successfully sued mcdonalds or BK for getting fat. You are dea wrong. Someone also sued a hairdresser for a bad haircut. Everyone sues. They mess up evry one else insurance by it. I think sueing should only be legal for extreme cases or for smaller sums more proportionate to the injury.
Reply
Joined Nov 2003
N/A
> bubble2 1,730 Posts
18 Reputation
Original Poster
trunk
12-08-2004 at 08:27 PM.
12-08-2004 at 08:27 PM.
Quote from arjunsr :
just curious, are you going to paint your walls that were splattered/throw away the clothes you were wearing? nothing to do with the case, just wondering.
My girlfriend threw away her shirt and pajama bottoms right after the incident and I threw away my shirt as well.. those are probably the only real damage cost plus 2 cans of White and Desert Fawn (tan) paint to do touch ups.. thankfully nobody was sick enough to have had to go to the hospital and there were no medical bills... just some labor cost for my time and trouble whatever that it worth.. I scrubbed the walls good and they are still stained.. I can probably just touch up the stained spots though without having to paint all the walls, I scrubbed with vinegar and with the windows open constantly it seems to have drawn out most of the smell, either that or I'm use to the smell now..
Reply
Joined Jan 2004
Here's to the future
> bubble2 25,141 Posts
707 Reputation
Iaaaiws
12-08-2004 at 08:33 PM.
12-08-2004 at 08:33 PM.
Quote from peacekeeeper22 :
Tree man, ignore these idiots.. I is glad u got what u wanted out of the deal man, things like that are always a big mess, now u can focus on making everything better, with the legal action out of the way

gj Smilie
Feel free to come back when you learn to read Thumbsup
Reply
Joined Nov 2004
L7: Teacher
> bubble2 2,698 Posts
140 Reputation
pyro008
12-08-2004 at 08:40 PM.
12-08-2004 at 08:40 PM.
Quote from teencraft :
Close enough, tree's getting served the summons to appear in court tomorow.
teencraft im with you man those pictures of girlfriend barf in toilet cause millions of dollars in emotional damages as well as not wanting to eat for at least 30 seconds. Im serious. No joke. It scarred me for life. Oh well im off to puke after lookin at it again. add 35 million to the bill for physical damages. Ok im really serious. Im gonna do it. Dont think im not. Ok im not. btw in pic1 the food on the walls looks kinda pin and definetly not black.. think about sueing camera company for bad camera if it was black. lol jk with that remark but it didnt even look kinda black.
Reply
Joined Jan 2004
L10: Grand Master
> bubble2 7,369 Posts
207 Reputation
SuperNinja
12-08-2004 at 08:57 PM.
12-08-2004 at 08:57 PM.
Botulism is definitely nothing to be taken lightly.

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.


-----------------------------------------------------------

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

-----------------------------------------------------------

"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.com/emerg/topic64.htm

-----------------------------------------------------------

U.S. Food & Drug Administration info:
http://vm.cfsan.fda.gov/~mow/chap2.html
Reply
Joined Jun 2004
L6: Expert
> bubble2 1,531 Posts
12 Reputation
polojoe12
12-08-2004 at 09:38 PM.
12-08-2004 at 09:38 PM.
never mind, edited out.
Reply

Sign up for a Slickdeals account to remove this ad.

Joined Dec 2004
L2: Beginner
> bubble2 57 Posts
13 Reputation
thesexytexan
01-15-2005 at 11:02 PM.
01-15-2005 at 11:02 PM.
[QUOTE=Kristyn's Ghost]This whole thread is farking hysterical. The mental picture I have of this incident is hilarious.

Huh "Hmm...the can is bulging...that means there must be extra!"


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?


LMAO LMAO LMAO LMAO LMAO LMAO
Reply
Page 7 of 14
Start the Conversation
 
Link Copied

The link has been copied to the clipboard.