Okay, so maybe it's not a finger . . . but wait, there is a tooth in my soup! Tina Keeney shared a can of chicken noodle soup with her 13-month old son. They also shared the discovery of a tooth in their soup. When Tina called company headquarters, Campbell's offered her ten dollars to cover the cost of the soup. They also asked her to mail in the tooth. Ms. Keeney consulted a lawyer instead.
The reason for the lawsuit? Soup-a-phobia mixed with a small case of worry about blood borne disease. Ms. Keeney's lawsuit cited emotional distress from the incident. Her trauma had resulted in "obsessive eating issues." The judge didn't buy it and dismissed the case stating that Ms. Keeney was not "sick" enough. In other words, her health records showed no evidence of any well-accepted diseases, ulcers or headaches as a result of the incident. The fact Ms. Keeney did not satisfy the judge's "sick" rule is symptomatic of problems in recovering damages from a product based solely on emotional distress.
The majority of cases that allow for recovery from mental distress require objective evidence that results in physical illness. For the most part, claims for stand alone charges of emotional distress are still controversial. Cases based solely on emotional distress are difficult because recoverable damages are generally small. The courts are understandably wary of fraudulent claims and increased litigation. Relating cause and placing a monetary value on mental harm is complicated when a product is the culprit.
Suing solely for emotional distress without having to show direct physical impact does have some exceptions. For example, service industries, such as the funeral business, that mishandle a corpse, may be sued by loved ones for their resulting emotional distress. The "bystander rule" allows families, who have witnessed loved ones suffer from product liability, can sue for damages. Distress caused by fear of disease allows plaintiffs to file suit who were exposed to products that did not experience injury until after the time limit for filing suit. What complicates emotional distress lawsuits is that laws and interpretations vary among states.
It's clearer and easier for claimants when they can show a product caused physical harm which, in turn, caused emotional distress. Individual and class action suits have been successfully won against pharmaceutical companies, tobacco companies, manufacturers, and service providers. Additional damages can include physical pain and suffering, physical impairment, medical expenses, and loss of earnings or earning capacity.
Linking product liability to emotional distress takes a skilled lawyer and a sympathetic judge. What is product liability? What is the legal definition of emotional distress? How can one evaluate if it's worth pursuing a lawsuit based on emotional distress?
Product liability refers to the liability of any or all parties involved in the manufacture of any product. Claims can be based on negligence, strict liability, or breach of warranty. Since there is no federal products liability law, statutes vary from state to state, so the product must be proved defective. The three classifications of product defects include defects in design, manufacturing and marketing.
Serious emotional distress results when a reasonable person is unable to cope because of circumstancescaused by the product. Mentalsufferingincludes fright, anxiety, depression, grief or humiliation. Emotional distress can result from fear for one's own safety or as a bystander who observes the suffering of an immediate family member.
There is a history of cases winning successful emotional distress damages, along with other damages showing physical harm. Recently, lawsuits against manufacturers of antidepressants, allegedly causing suicides, especially among children and adolescents, have cited emotional distress. The result? The pharmaceutical industry has issued warning labels and encourages doctors and families to monitor drug usage more closely. Manufacturers of tobacco products, breast implants, play sets, picnic tables, and cars are some of the industries that have responded to emotional distress lawsuits.
Generally, one can sue if there is a finger in the soup, whether it occurred from negligence or intent. However, that lawsuit might only hold water if a reasonable person would be caused severe emotional distress, and if that emotional distress is so serious that physical harm results. In the meantime, forget the soup and enjoy a hot bowl of chili.
Good morning. I am an instructor/trainer for a mining firm in the NWT. I was wondering if it is possible for a person to successfully sue a corporation for emotional distress over witnessing illegal practices, such as theft, drug sales while on the job and having to watch another trainer kick students out of a training program as a result of them finding out about his illegal drug transactions. I am having a difficult time remaining in my position as a result of finding this out. I have a hard time working with this individual as a result of finding this out. The program is supposed to encourage a drug free life style and not promote the use of it. There are many other things as well, but I just wanted to know if a person has a leg to stand on in regards to the information I provided you. Thank you, Ted.
Hi Ted, we'd love to help, but our company specializes in legal documents, and cannot offer legal advice. We can certainly help you find a lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com.
I met a man a few months ago at a business convention, I explained that I was in the process of getting a divorce, he lives in Florida and has visited me several times. He told me he was also in the process of getting a divorce, his marrige had basically been over for 2 years since his wife had had an affair. Since then I have learned that he has NOT started divorce proceedings. He lied! His WIFE found our emails. She is calling me, my boss, and my soon to be ex-husband. She is threatening to sue me for alienation of affection. What should I do!
Hi Margaret, thanks for your inquiry. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com
I would like to sue a person for alienation of affection that won't stop calling my husband. This is not a divorce situation. I want her to stop calling and texting my husband. He told me he has asked her not to contact him, however the calls and text keep coming.
Hello, thanks for your question. We are sorry to hear of the situation you are facing. Because LegalZoom is not a law firm we are unable to provide any legal advice or services regarding this matter. However, an attorney might be able to give you legal guidance regarding this situation. Take a look at our attorney referral network http://attorneyconnect.legalzoom.com
I'm on Housing Assistance. It is possible to buy a house with help from the Housing Authority if you take their classes and jump through their hoops.
Well,on the day of the first class, the "instructor" wouldn't let me in because I had my daughter. I'm disabled and one of my disabilities is short-term memory loss. I didn't remember I couldn't bring her. I HAVE to take that class in order to get help. She also was not answering my questions and sent me into a horrible depression. There's alot more she's done against me, but this is a start.
Who should I talk to about this, besides her or her supervisor (can't get ahold of either)?
Thanks for your inquiry. We are sorry to hear of the situation you are facing. Though we cannot offer legal advice, you may wish to speak to an attorney. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
COMPLICATED: MY Admiral husband died Dec11, 09. a neighbor, not listening to me..but my step daughters, who hated me our 18years of marriage, persuaded a "friend/neighor" to break into my house, lie to police and area safe and lock where you have to show ID to access my house...the neighbor broke into my house while i was just settling into our tx wintr home..didn't tell me my husband had died in va...the police refused to help me and covered up an internal affairs investigation for derelection of duty.,..due to the neighbor having the locks changed...the stepdaughters ransacked our house; stole all my financial, legal, medical and identity ino; not returned one thing..i had to close out our tx home after 2 month..was hospitaized as a direct result of this..had BP at stroke range and incurred almost $200k of forensic CPA, legal, PI, et expenses...I need to sue neighbor to help pay other mounting legal bills. i'm legally disabled, can't work and am very unhealthy..almost died...please advise quickly what i shoud do..still can' think straight. thank you. The police wronged me...the neighbor wronged me and i'm suing the stepdaughters/ buy the expensive, extra security safe & lock co NEVER should have allowed his break in and change my locks to lock me out of my house. the neighbor hasn't apologized even when the judge found on my behalf I owned my houses after daughters sued to get them. i'm in a strong position to receive some liability money from several people...how do I do this? PLEASE HELP while I can still think. GOD BLESS YOU wonderful people. pls contact me tomorrow with advice and names of pers injury lawyes on contingency fees in alex city, va..thank you.
I've been in a relationship with a man for almost three years. Six months into the relationship, he told me he was married. I broke up with him initially, only for him to beg, and plead for me to take him back, with the promise that he would divorce his wife. A year later when i realized he was not going to file for a divorce, i started seeing other people. He ruined two potential prospects for me by verbally harassing them, stating that i am his woman, and no man is to enter my life. Now, here we are three years later, and this man is telling me he doesn't know if he can leave his wife and 3 yr old child, despite what he has done to me, my 16 yr old daughter, and 10 year old son.This situation has taken an emotional toll on me, and my family. I am wanting to know if i have a right to sue this man for mis-representation, false identity, and emotional distress?
Hi Lisa, we are very sorry to hear of the situation. We wish we could help, but since we are not a law firm we'd be unable to provide legal advice on this matter. However, please try our Attorney Services Division where they may be able to help: http://attorneyconnect.legalzoom.com
I was just notified by mail that someone or persons unknown
had received my medical records from 1985 from my local hospital at the time.The letter stated that the info was given out by mistake or some illegal request and even sent me copies of my records that were pulled.It goes with out saying I am highly upset and I live and have lived in another state for over 11 years and the contact name of the hospital complience office and personel I can't seem to get
any response when I call(like they asked me to) What recourse
do I have at this point?
hi my name is melanie, ive been in a relationship with a man for almost 3 years we have 2 kids together, about 2 months ago we get into an argument and it leads into domestic violence i went to jail that night it was my fault i was defending myself and tryin to protect my kids. that night i begged the officer not to leave my kids with there dad cause i was affraid he was gonna take them off to mexico cause he is illegal the officer called my mom and my mom was supposed to come get my kids that night martin wasnt aloud to leave with the kids i get out the next day to get myt kids and they werent at apartment i called the cops they came down and i told them what was going on and he says there is nothing we could do about finding your kids cause they are with the father.. martin shows up as i was leaving and hands the officer a packet.. he looked over it and he gave it to me saying it was an order protection against me i wasnt able to see the kids or be around them..he had said i was using herion qand meth and i leave the kids with whoever and whenever i want..THATS NOT TRUE.. I HAD COURT CAUSE I WAS TRYIN TO GET THE ORDER PROTECTION DISMISSED.BUT HE DIDNT DISMISS IT.I WENT TO FILE FOR EMERGENCY CUSTODY CAUSE I WANTED MY BAbys back..as i was filling out paper work i got served with emergency custody from my babys daddy...so now im in the process off all the i dont understand why the judge is giving him all rights of my kids..when he is an illegal immigrant the judge gave me was supervised visits with my kids from 2 to 7 and and on holidays it is up to him he gots to see if his mom is willing to do the supervised visits those days..and so far they have told my NO TWICE...I DONT THINK THATS RIGHT IVE NEVER BEEN INTROUBLE IN MY LIFE NEVER BEEN ARRESTED FOR ILLEGAL DRUGS...IGOT ARRESTED IN SEPT BUT THEY DISMISSED MY CASE
recently i was arrested for child endangerment and domestic violence....over the last several years that my husband and i have been married his ex girlfriend whom he has a autistic child with accused me of beating him...his ex girlfriend played games to try taking custody away from my husband and used me as part of her game...i was recently aquitted of all charges...but in the meantime my husbands parents took custody filing a ex parte of my child...she is almost 3 years old and does not understand what is going on...i have been without my child for 6 months and counting...i have not went to the doctor for anything and i dont know if i should...i am really depressed and scared to leave her alone with anyone once i get her back...final trial is on dec 19...i am praying to God we get her back since i was aquitted of everything....Can i sue his parent for wrongfully taking my child out of my custody...for mental and emotional stress...i am also planning on suing his exgirlfriend for everything i have been through in the last 6 month....i dont know how to do this...please help....
Someone ( a vendor) address my name as " dying" instead Ying twice, do I have a case?
Thanks,
Ying
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