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Is This A Lawsuit? |
Ok so I have a mutual friend and he had a can of Campbells Chunky Soup Pull Tab and he opened the can and when he pulled the tab off the tab sliced his index finger all the way down to his bone, he spent 6+ hours in the emergency room and found out he had to have surgery on his hand because it had cut some kind of artery. Im not sure im not a doctor. So don't judge but we when we were in the ER with him we wondered if there was a warning label or caution label on the tab of the can of soup. We went to his house and looked at the tab and there was no label containing a sharp edge caution. But when we got back from the hospital we looked at the can and seen it had in small print that the can had a label of a sharp edge by the directions. Doesn't the label have to be on the cautionary item by law? Hes not tryin to suck money out its just that his hospital bill is reaching into 5 dighits. And on top of that he has no insurance. If you know if there is something there please answer. Thank If he does sue, make sure it's just to cover the hospital bill and not like a million dollars. That's just frivolous. It's very difficult to win product liability cases. And there is a general understanding in law that you have to be self-aware and responsible for your own actions. He would undoubtedly be held partly to blame in this case, even if any product liability attached - and that would be difficult to prove. That's a question for a real lawyer not here. I bet if you call around you will find someone that will answer it for you. Basically people can sue for almost anything. Many cases have been won in such situations, such as the "hot coffee" McDonald case. It is possible to sue if there are no warning labels i would think.. That is why there are so many warnings on items, they do this to cover people's actions. People should know that a lid to a can is sharp, but the law is a changing thing and if you find a lawyer that thinks you have a case it would be up to a judge to see if your case warrants a trial. What you are inquiring is that a person of average intelligence would have difficulties in understanding that if you touch a Sharp object you could cut your finger. So he's pulling open a metal can with a metal lid and he probably has done this dozens of times before and yet he still didn't think "Oh my, this might be sharp, I better be careful". |
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