I need a lawyer for a special case (Chicago: buying, lawsuit)

[Avengerfire]

Originally Posted by coldwine

A lawyer can't do anything for you-- you haven't suffered any damage, the company didn't breach any duty of due care, etc. I mean, by all means, speak to a professional iRL; you shouldn't ever take online advice.

Nevertheless... You just have no case. Unless you can prove emotional anguish, but that's quite difficult. What you can do is contact the Better Business Bureau.

Oh, I have mental anguish. I want to throw out the remaining (unopened) product of theirs and never buy it again. I cannot trust frozen food again. I dont even want to eat anything tonight.

No one will change my mind on here. I was just seeing if anyone knew of any good attorneys.

[Avengerfire]

Originally Posted by MarquettePark

I know you dont like me very much, but I feel your pain on ...

I usually catch my spelling errors and you must have seen the post right before I corrected it.

I never said I didnt like you. I was just trying to clarify and correct some of your statements on previous threads. We can all be on opposing sides as long as we are civil, I suppose.

Thanks for your advice and info.

Since we know chickens have no hair-they have feathers, there is already a huge problem.

As far as their defense, all that has to be done is DNA testing on the hair and compare it with mine. If they do not match (which they would not) where and from whom did I get these hair samples? If there is more than DNA from hair in the dinner how could they prove I got the material from someone else?

[Drover]

The damages here are so nominal that if they find in your favor you're going to end up paying your lawyer about 100 times more than you actually win in damages. Intentional Infliction of Emotional Distress is going to be difficult to prove as it usually has to be systemic and ongoing in order to be actionable, so I wouldn't try going that route either.

But if you still want a good tort lawyer, I might be able to stir up some names for you. I'll ask around at school.

[Avengerfire]

Originally Posted by Drover

The damages here are so nominal that if they find in your favor you're going to end up paying your lawyer about 100 times more than you actually win in damages. Intentional Infliction of Emotional Distress is going to be difficult to prove as it usually has to be systemic and ongoing in order to be actionable, so I wouldn't try going that route either.

But if you still want a good tort lawyer, I might be able to stir up some names for you. I'll ask around at school.

Thanks for asking around. This is not the first time it has happened. What is unfortunate is that I did not save the evidence from the past occurrences and did not take any action. Believe it or not, I know of a few other people that have had similar problems with the same brand in the last couple years, but they did not take action either.

Maybe negligence can be proved on the manufacturers part?

[dragoro]

Thats hard to do and literally takes 100,000s of thousands and years to do.

[Drover]

Originally Posted by Avengerfire

Thanks for asking around. This is not the first time it has happened. What is unfortunate is that I did not save the evidence from the past occurrences and did not take any action. Believe it or not, I know of a few other people that have had similar problems with the same brand in the last couple years, but they did not take action either.

Maybe negligence can be proved on the manufacturers part?

Well, there actually is a fair chance of winning on a negligence theory, which was the presumed cause of action in my first post. There are several steps that you have to prove in order to win a negligence suit. The short version is this:

The defendant owed the plaintiff a duty of care. That's a no-brainer here; of course a food manufacturer owes a duty of care to the general consumer.

The defendant breached that duty. A hair is a minor breach to the extent that it poses a health risk and possibly some discomfort, but it's a breach nonetheless.

The plaintiff suffered damages from that breach AND the breach was the proximate cause of those damages.This is where your case looks the weakest. The damages are so nominal that you might win the case and only be awarded one dollar. Maybe a hundred dollars. Maybe they'll pay you a couple hundred just to go away. But you'll already be thousands in the hole to your lawyer before it ever gets to that point.

[Avengerfire]

Originally Posted by Drover

Well, there actually is a fair chance of winning on a negligence theory, which was the presumed cause of action in my first post. There are several steps that you have to prove in order to win a negligence suit. The short version is this:

The defendant owed the plaintiff a duty of care. That's a no-brainer here; of course a food manufacturer owes a duty of care to the general consumer.

The defendant breached that duty. A hair is a minor breach to the extent that it poses a health risk and possibly some discomfort, but it's a breach nonetheless.

The plaintiff suffered damages from that breach AND the breach was the proximate cause of those damages.This is where your case looks the weakest. The damages are so nominal that you might win the case and only be awarded one dollar. Maybe a hundred dollars. Maybe they'll pay you a couple hundred just to go away. But you'll already be thousands in the hole to your lawyer before it ever gets to that point.

Well thanks for the advice. I do not know all the legal terms so I figured I would inquire further. I will figure things out. Send me a message if you have or find any people that you might think could help.

Are you not glad you get to use your legal knowledge today?!

But what if there was multiple plaintiffs? What if it was a class action?

[dragoro]

Aveng Im going to pm ya my brothers email. Hes just finishing up law school in DC (grads in may) and he should be able to help ya a bit maybe.

[Drover]

Originally Posted by Avengerfire

Well thanks for the advice. I do not know all the legal terms so I figured I would inquire further. I will figure things out. Send me a message if you have or find any people that you might think could help.

Are you not glad you get to use your legal knowledge today?!

But what if there was multiple plaintiffs? What if it was a class action?

The above still to multiple plaintiffs or a class action, though you typically won't get class certification unless there are thousands of potential class members. What usually happens in a class action suit, of course, is that each participating class member gets about $3 worth of coupons while the law firm representing the class gets about 62 million dollars...

[87vertgt]

dam....Gross!!!!

make me sick.......

man I wish Jonnhie Cockron was still around....