Would i be able to sue?

Question

i bought sour cream from Lucky today and opened it to find that it already had fungus growing in it...even though the expiration date wasn't posted until after September 13.. =/

Answer 1

You are what wrong with our county, want something for nothing. To sue someone over nothing. Get a life and a real job.

Answer 2

If there are real damages of value, you can sue.  

If not, just take it back and get a refund.

Answer 3

People like this are the problem with america you can't start a d**n small buisness without selfish scum bags threatening to sue you for the dumbest stuff

Answer 4

You gotta be kidding you mean you actually ate some of it?  Just take it back to the store and explain.  Point out the expiration date and bring your receipt.

Answer 5

Well, what would you sue for?  You didn't incur any damage, so suing for anything more than the cost of the product wouldn't be very reasonable.  And considering the cost of a lawyer... how much would you expect to sue for that you'd actually profit off of it?  If you contact the company, I'm sure they'll reimburse you.  Anything else would be a ridiculous.  Please don't tax the legal system with frivolity.  

Answer 6

Did you ever hear of taking the product back to the store, with receipt and asking for a refund or fresh product?

You don't need a lawsuit to get back $2 bucks for a container of sour cream.  

Answer 7

yeah, I would file a complaint.  

Answer 8

Not unless they refused to replace it or refund your money with a receipt and they can require you to return the item as proof.

You suffered no damages ingeste you saw it was moldy and unusable (you did not ingest it).

What has likely happened that either during transist or at the store itself the product was similartained at the proper temperature.  

I had a similiar situation with a packaged sandwich at a store where the cheese was moldy and took pictures of it and I wrote the manufactuer and the store along with the pictures and threw the item away as I did not want it rotting in my fridge and I didn't have time to run it back to the store until the next week.  I emphasized that I was a long term frequent customer of the store and their product and had never had anything like this happen before and was not sure what to do, indicated how much I had paid and asked what the were willing to do to make the situation right.

The item was $3.50 but grocery store sent me a gift card for $10 with their apologies and the the manufacturer sent me a coupon for a free item up to $3.99 and it more than made up for my inconvenience.

Answer 9

Sue?  You're kidding, right?

Your only damages are the cost of replacing the sour cream.  You want to sue for a few dollars?

Return the sour cream and get a refund or a new container.  Somehow the packaging failed.

Answer 10

Go ahead, but the defense would ask " what did you do to mitigate damages?"

Do you have a clue what " mitigate " means??? Google it.