Do I have a Case?

bullrams · Jun 25, 2010

Originally Posted by Working Stiff

the woman in the hot coffee case got terrible burns all over her lap. And there was legislation in place setting a maximum temperature for hot drinks, which McDonalds was consistently, knowingly exceeding.

Thank you for clarifying - makes so much sense now!

Originally Posted by Ambulance Chaser

Yep. This case is lampooned all the time by tort-reform advocates, but is actually not a good example of a runaway litigation system.

You get my point right? To an outsider like me - someone not associated with the legal world, the case comes across as stupid - a hot coffee is hot, which on spilling may cause burns, why does one need a warning??! But as Working Stiff clarified, I didn't know about temperature limits etc.

Originally Posted by MrG

OP, were you seriously considering filing a lawsuit over expired baby formula?

Yes.

Originally Posted by countdemoney

Should this be a non-US company, SF has several international legal experts available.

US company.

Originally Posted by k9n

a case of baby formula?

a case of expired baby formula.

Thank you again for all the clarifications. I have my refund.

bigbris1 · Jun 25, 2010

Yes. Of expired milk.

Joffrey · Jun 25, 2010

You would have recourse to sue if it was expired, there was not notification/label and your baby was seriously harmed or killed.

Three star thread for unintentional troll.

Dakota rube · Jun 25, 2010

don't cry over spilled milk substitute.

erdawe · Jun 25, 2010

JohnGalt · Jun 25, 2010

OP: you are precisely the type of person that should not be reproducing.

sonick · Jun 25, 2010

The OP is what is wrong with America.

blackjack · Jun 25, 2010

Originally Posted by bullrams

I mostly lurk around here looking for style tips. Found out there are more than just good dressers around here so wanted to ask a question: a nation-wide pharmacy chain has just sold me an expired box of baby formula for my 3 and a half month baby. Do I have a case here?!

Please PM me for more details.

Thank You!

Yes - as you indicated yourself, you have a case of baby formula.

Now, what are you looking to do? Trade-in the baby?

Be sure to exercise the necessary caution to ensure you are not dealing with undercover LEO:

http://www.thecalifornian.com/articl...lmart-arrested

Salinas police: Couple who tried to sell 6-month-old baby outside Walmart arrested
BY KIMBER SOLANA "¢ [email protected] "¢ JUNE 24, 2010

Patrick Fousek

Samantha Tomasini

Salinas police officers arrested a couple who they say tried to sell their 6-month-old baby for $25 Tuesday night outside of Walmart.

Police spokesman Officer Lalo Villegas said the father tried to sell the child around 7:20 p.m. outside the store on North Davis Road.

Villegas said Salinas resident Patrick Fousek, 28, had approached two women and asked to use their cell phone. After he finished, police said, Fousek asked the women, who were playing with the baby, if they would like purchase his daughter for $25.

"They thought he was joking," Villegas said. "They laughed, but he was very persistent. That's when they knew this guy was serious."

Police said Fousek immediately left and went to the car where the mother, Samatha Tomasini, 20, was waiting. As the couple drove away, Villegas said, the two women were able to get the pair's license plate number.

Around 1 a.m. Wednesday, Villegas said, police officers tracked down the couple at their residence on the 700 block of East Romie Lane.

Police arrested Fousek and Tomasini on suspicion of child endangerment and being under the influence of a controlled substance. Fousek, police said, was also on probation. The pair were booked into the Monterey County Jail.

Police said the baby has since been taken by Child Protective Services.

Thank you for using Legal AIDS. We won't kill you but you'll probably die anyways.

videocrew · Jun 25, 2010

Originally Posted by bullrams

If a hot coffee cup can have a warning, why can't there be a warning of checking the expiration date etc??!
It does have a warning. The expiration date. You want a warning to check the warning? If you didn't read the expiration date, why would you have read that?

bullrams · Jun 25, 2010

Wow! Some feedback!

I did get the chance to talk to the Regional Manager who apologized for keeping an expired product on their store shelf. She has taken appropriate action against the said store Manager.

Lesson learned: check the expiration date and do not rely on any store's reputation!

stayclassy · Jun 25, 2010

i would say about 90% of people if they noticed that their baby formula was expired, would call the store then take it in and exchange it. it is the 10% that will sue anybody for anything just for a little extra money. It really bothers me when people look for a reason to sue someone when there really is no legal action necessary. much like all these commercials i see on tv that essentially say "have you ever been outside? have you ever been hurt in all your years of life? YOU MAY BE ENTITLED TO A LEGAL SETTLEMENT! please contact Bob Lob Law 1800-898-LAWR"

acidboy · Jun 25, 2010

trade it in for a case of beer dammit!

Matt · Jun 25, 2010

Originally Posted by bullrams

Ok, bummer!! I remember someone suing and winning for not being warned about a hot coffee being hot.

Last week, the expiration had come up in their system at the checkout counter. Yesterday when I bought again, I checked the expiration date and brought it to the notice of the store people. The lady handed me a $5 card and told me of a different location where I could buy a 'not expired' one. The coffee case came up and I wondered if I had a case here. I went again to buy it to see if they would catch it. They didn't, so quote, "a nation-wide pharmacy chain has just sold me..." unquote.

If a hot coffee cup can have a warning, why can't there be a warning of checking the expiration date etc??!

so many of the world's problems are encapsulated in that one post.

crazyquik · Jun 25, 2010

Originally Posted by bigbris1

Yes. Of expired milk.

Well played.

HEWSINATOR · Jun 26, 2010

Originally Posted by Matt

so many of the world's problems are encapsulated in that one post.

I like the "bummer".

Do I have a Case?

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