Morgan Hill, CA asked in Education Law, Personal Injury, Products Liability and Small Claims for California

Q: can I sue for 2 year old corn nuts that the school sold me?

I recently purchased corn nuts from my school's vending machine at lunch on September 20th, 2017. I had opened the bag and i proceeded to eat 2 corn nuts, what caught me off guard was the rancid taste and smell. I then checked the bag and the expiration date said July 9th 2015. I advised my teacher and he sent me to the front office where they recommended me to our school's ASB office, where our secretary has the number to the vending machine company, however she refused to disclose the number to us and told us to "deal with it."

2 Lawyer Answers
Kevin Christopher Murphy
Kevin Christopher Murphy
Answered
  • La Mesa, CA
  • Licensed in California

A: Who are you wanting to sue, your school or the vending machine company? Regardless, what are your actual damages aside from the horrible taste and rude school administrator? Lawsuits are not to be taken lightly, and no ethical attorneys would take such a case without you incurring serious damages (health impact, personal injury, loss of economic earnings, etc.).

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: anyone can sue anyone at any time.

the issue is whether one could collect for damages.

if the facts show an injury you could then sue.

Otherwise as Chick Hern would say...........no harm no foul

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