# Should I sue? **URL:** \ **Category:** Factual Questions\ **Created:** [June 5, 2008, 6:23pm UTC](https://boards.straightdope.com/t/should-i-sue/451916 "2008-06-05T18:23:01Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [June 5, 2008, 6:23pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/1 "2008-06-05T18:23:01Z")
First of all, I’m not a sue happy person but last night I found a green caterpillar crawling in a mostly eaten plate of steamed broccoli (the new steam in a bag kind). I know YANAL and if you are, YANML, but is this something that can be sued over? I know you can sue for anything in this country, but would it be worth it monetarily? It’s not even really about the money, but I know that’s the only way the courts measure damage (unless they can order Bird’s Eye to hypnotise me to make me forget about half-eaten caterpillars). ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [June 5, 2008, 6:29pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/2 "2008-06-05T18:29:31Z")
No ---
**Author:** ![Santo\_Rugger](https://avatars.discourse-cdn.com/v4/letter/s/e95f7d/32.png) [@Santo\_Rugger](https://boards.straightdope.com/u/Santo_Rugger)\ **Post date:** [June 5, 2008, 6:32pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/3 "2008-06-05T18:32:21Z")
Why? ETA: That’s a response to the OP, not a response to the justified “no”. ---
**Author:** ![pulykamell](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pulykamell/32/3166_2.png) [@pulykamell](https://boards.straightdope.com/u/pulykamell)\ **Post date:** [June 5, 2008, 6:37pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/4 "2008-06-05T18:37:22Z")
I’m assuming your caterpillar wasn’t literally crawling, was it? Because if it was, I doubt it came from your once-frozen, now-steamed vegetables. Anyhow, no I wouldn’t sue. The protein’ll probably do you some good, too. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [June 5, 2008, 6:37pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/5 "2008-06-05T18:37:50Z")
No you shouldn’t. Vegetables sometimes have bugs on them. There is no way to avoid it 100%. Caterpillars won’t poison you. It isn’t like it was ground glass or a human hand. Your story doesn’t make sense to me. If it was a live caterpillar, how can that be associated with steamed broccoli? It couldn’t live through the process. It may have already been at your place and happened to crawl on it. ---
**Author:** ![MikeS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MikeS](https://boards.straightdope.com/u/MikeS)\ **Post date:** [June 5, 2008, 6:40pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/6 "2008-06-05T18:40:32Z")
Highly doubtful. According to [this site](http://www.legalmatch.com/law-library/article/insects-in-food-lawyers.html), “generally finding an insect in your food does not give you a basis for bringing a lawsuit”; and you generally have to suffer physical harm to recover any damages. You might also read the judgement in [this Missouri case](http://biotech.law.lsu.edu/cases/food/Ford_v_Aldi.htm), where a court found a food manufacturer not liable for “emotional distress” inflicted on a woman who found a dead insect in her canned spinach. Standard disclaimers: I am not a lawyer; this does not constitute legal advice, merely the product of five minutes of Googling. Also, I would take issue with your opening clause there. ---
**Author:** ![masterofnone](https://avatars.discourse-cdn.com/v4/letter/m/4bbf92/32.png) [@masterofnone](https://boards.straightdope.com/u/masterofnone)\ **Post date:** [June 5, 2008, 6:42pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/7 "2008-06-05T18:42:42Z")
I don’t know if it would be worth it to you monetarily, but prices are high enough without people driving them up because they can’t stand the thought of bugs on their food. ---
**Author:** ![beowulff](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/beowulff/32/542_2.png) [@beowulff](https://boards.straightdope.com/u/beowulff)\ **Post date:** [June 5, 2008, 6:44pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/8 "2008-06-05T18:44:12Z")
I think you should sue. Think of all the poor, starving lawyers we have here in the US. :rolleyes: ---
**Author:** ![MLS](https://avatars.discourse-cdn.com/v4/letter/m/919ad9/32.png) [@MLS](https://boards.straightdope.com/u/MLS)\ **Post date:** [June 5, 2008, 6:45pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/9 "2008-06-05T18:45:15Z")
However, if you write to the company who sells the food, and very nicely say how much you generally enjoy their product but were kind of disgusted by the caterpillar, and that they might want to do something to avoid this in the future, yada, yada, — they will probably send you a whole slew of coupons and an apology. ---
**Author:** ![DSYoungEsq](https://avatars.discourse-cdn.com/v4/letter/d/c6cbf5/32.png) [@DSYoungEsq](https://boards.straightdope.com/u/DSYoungEsq)\ **Post date:** [June 5, 2008, 6:55pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/10 "2008-06-05T18:55:27Z")
Typical that someone would think of suing because of something out of the ordinary. That’s the kind of attitude that used to make my days a pain. ---
**Author:** ![cmkeller](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cmkeller/32/118_2.png) [@cmkeller](https://boards.straightdope.com/u/cmkeller)\ **Post date:** [June 5, 2008, 7:06pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/11 "2008-06-05T19:06:28Z")
If you want to be certain your food is bug-free, buy Kosher. ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [June 5, 2008, 7:17pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/12 "2008-06-05T19:17:03Z")
[QUOTE=MLS] However, if you write to the company who sells the food, and very nicely say how much you generally enjoy their product but were kind of disgusted by the caterpillar, and that they might want to do something to avoid this in the future, yada, yada, — they will probably send you a whole slew of coupons and an apology. [/QUOTE] I can attest to that. I was eating a burrito and bit down on something hard. There was a twisted piece of metal amongst the beans and meat. It wasn’t sharp, I can only assume it broke off a piece of machinery. I mailed it to the company, along with the package the burrito came in and a note that they may want to check their factory floor…and I got a whole slew of coupons and an apology. ---
**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\ **Post date:** [June 5, 2008, 7:23pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/13 "2008-06-05T19:23:28Z")
About a year ago, I purchased a bag of corn chips that had a used (ie, with dirt on it) paper towel inside. I took it back to the store and got an apology and a refund, then a corporate apology and a small gift card in the mail a bit later. It’s about all I could expect, I think. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [June 5, 2008, 7:28pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/14 "2008-06-05T19:28:55Z")
[QUOTE=MLS] However, if you write to the company who sells the food, and very nicely say how much you generally enjoy their product but were kind of disgusted by the caterpillar, and that they might want to do something to avoid this in the future, yada, yada, — they will probably send you a whole slew of coupons and an apology. [/QUOTE] That’s just about what I’d do. It’s a lot less trouble than suing, and will probably get you pretty much the same result. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [June 5, 2008, 7:37pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/15 "2008-06-05T19:37:32Z")
[QUOTE=DSYoungEsq] Typical that someone would think of suing because of something out of the ordinary. That’s the kind of attitude that used to make my days a pain. [/QUOTE] Believe me, there are many things in my life that I could sue over that I haven’t like a dog bite and a government agency releasing my and my daughter’s confidential information to my wife’s ex-husband w/o permission (actually I may still sue over that simply because their attitude is “So what if we did it. Fuck you!” again not for the money but because they pissed me off so much. (hijack: is that sueable? A simple “I’m sorry. That person will be reprimanded.” is all I really wanted not the $, but it seems that taking them to court may be the only way for them to realize that they screwed up with a capital F and should at least feel bad about it.) The question about suing over the caterpillar came from friends whose view of the legal system is, “Shit!! You’re gonna be a millionaire.” You’ll noticed I asked on SD first rather than a PI attorney because the examples they pointed out dealt with human fingers and KFC rats. (incidently, did those people make a ton of $ or is that an urban legend? some info to take to my friends) As for how the caterpillar survived, the steam-in-a-bag vegatables have hot and cold spots (at least in my microwave), so even though it may die of radiation poisoning, it is entirely possible to have survived the heating process. ---
**Author:** ![redtail23](https://avatars.discourse-cdn.com/v4/letter/r/3e96dc/32.png) [@redtail23](https://boards.straightdope.com/u/redtail23)\ **Post date:** [June 5, 2008, 7:42pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/16 "2008-06-05T19:42:07Z")
I’m with them up there. It’s highly doubtful that a live caterpillar survived the freezing and the steaming processes. Much, much more likely that it dropped onto your plate from elsewhere. I emailed Rotel once because I’d gotten a can with almost all juice and no tomatoes. Got back the standard apology and slew of coupons. That’s your best bet. You’re not going to make some kind of big money on this by suing. This isn’t a case of egregious negligence, so all you’d be doing is making a nuisance of yourself for no real reason. Food-packing is not a perfect, completely sterile and aseptic process. As hard as they try, things slip in occasionally. It’s a fact of life, deal with it. ---
**Author:** ![Shalmanese](https://avatars.discourse-cdn.com/v4/letter/s/45deac/32.png) [@Shalmanese](https://boards.straightdope.com/u/Shalmanese)\ **Post date:** [June 5, 2008, 7:42pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/17 "2008-06-05T19:42:41Z")
You definately don’t want to click on [this link](http://vm.cfsan.fda.gov/~dms/dalbook.html) then. ---
**Author:** ![mks57](https://avatars.discourse-cdn.com/v4/letter/m/b9bd4f/32.png) [@mks57](https://boards.straightdope.com/u/mks57)\ **Post date:** [June 5, 2008, 7:43pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/18 "2008-06-05T19:43:52Z")
“Weird Al” says [YES](http://www.youtube.com/watch?v=zIllRdSzSug). 🙂 ---
**Author:** ![Harmonious\_Discord](https://avatars.discourse-cdn.com/v4/letter/h/74df32/32.png) [@Harmonious\_Discord](https://boards.straightdope.com/u/Harmonious_Discord)\ **Post date:** [June 5, 2008, 8:21pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/19 "2008-06-05T20:21:43Z")
[New York lawsuit for dog poo on toddler’s shoes.](http://weblog.xanga.com/utlawgirl/656920546/city-fun.html?page=1&jump=1427278424&leftcmt=1#1427278424) I had to link to a site that is not the original article, because I can’t find it. This site has the most original content on it I could find. ---
**Author:** ![MoodIndigo1](https://avatars.discourse-cdn.com/v4/letter/m/e8c25b/32.png) [@MoodIndigo1](https://boards.straightdope.com/u/MoodIndigo1)\ **Post date:** [June 5, 2008, 8:26pm UTC](https://boards.straightdope.com/t/should-i-sue/451916/20 "2008-06-05T20:26:06Z")
[QUOTE=Saint Cad] First of all, I’m not a sue happy person but last night I found a green caterpillar crawling in a mostly eaten plate of steamed broccoli (the new steam in a bag kind). I know YANAL and if you are, YANML, but is this something that can be sued over? I know you can sue for anything in this country, but would it be worth it monetarily? It’s not even really about the money, but I know that’s the only way the courts measure damage (unless they can order Bird’s Eye to hypnotise me to make me forget about half-eaten caterpillars). [/QUOTE] You shouldn’t let green caterpillars into your kitchen. 😃 Had the caterpillar been crawling over fresh broccoli bought at the market, I’d say you were lucky, that would be a sign that the stuff is actually edible, not covered in pesticides. [Next page](https://boards.straightdope.com/t/should-i-sue/451916.md?page=2)