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Posted Dec 5th, 2011
Who do I contact regarding a cricket that was in a sealed can of Great Value green beans?

Additional Details:
After contacting the store (Walmart), I was offered and given a $10 gift card for the "trouble". I
do not find this a reasonable option as I can no longer eat green beans. I took a picture of it
after I almost ate it.
Legal Topic Area: Products Liability in CA

What is the value of not wanting to eat green beans anymore? What is the value of being grossed out?

Only you can decide what compensation is satisfactory to you. That doesn't mean that you can convince Walmart and/or the canner to agree to pay you that compensation. The compensation you might be owed is payment towards the damages that you have suffered. This is predominantly an argument of monetary value. You didn't eat the cricket. You had no physical injury. You have not incurred expenses for medical treatment. So the issue which you have the burden to convince Walmart and/or the canner is the value of your fear, of the "what might have been but, thank goodness, wasn't".

In the process of negotiating a settlement of your claims you also need to think about who is responsible for the cricket being in the can. Moral responsibility carries some weight and can help with establishing a fair settlement value. While the law might impose liability on Walmart for a strict products liability claim as a distributor and seller of the can, that has little value in settlement negotiations when your damages claim is so speculative. I suggest that you remember that Walmart did nothing here other than pass along a closed can from the manufacturer and distributor to you: what did it do "wrong"? You may come to find that Walmart's offer was, in fact, reasonable.

I hope you find the answer you're searching for.

Brian Chase,


BISNAR|CHASE, Personal Injury Attorneys.
http://www.BestAttorney.com
http://www.ProductDefectNews.com
800-956-0123.


Answered on Dec 6th, 2011 at 11:16am