View Full Version : I nearly drowned my turtle
Sean of the Thread
10-21-2007, 01:36 PM
10 year pet. 3 striped mud turtle name Putterina (found her in a cup on a golf course when she was the size of a quarter when retrieving my ball)
Was setting her up with a new limestone cave built of ... limestone rocks! Whilst adjusting it she got pinned without my realizing.
The problem is I would have realized it BUT in the middle of adjusting I had to go violenty PUKE for 5 minutes or so because of FOUL V8 Vegetable juice. I had just guzzled a glass (as I don't like to sip on it) and then realized it was fucking bad.
Expiration date says JULY 2008. Purchased two days ago from Walgreens. I had just opened it today. Turns out it was rotten as emislity's beef sammich. I noticed an odor when I slammed it but I thought to myself it was from that sorta funky been in the cupboard too long plastic cup smell.
Anyways I don't have the receipt.. but if they don't give me a refund I'm going to pissed.
So my question is my turtle suffered.... who do I sue... V8 or Walgreens?
TheEschaton
10-21-2007, 01:43 PM
Tricky legal question. Traditionally, pets aren't able to be considered under loss-of-consortium claims.
Sean of the Thread
10-21-2007, 02:03 PM
While we're on the subject since I'm seeing a change in the way these things are handled in recent years...
I had a pet dog shot and killed by a deputy in my front yard several years ago. She got out of the house because of an apparent break in attempt unless she figured out how to pry open a garage door 4 feet.
The deputies determined at the time that there was no evidence of a break in.
I had just pulled down my street for lunch break and saw all the cop cars and a small lumped bloody sheet in my front yard. I thought it was my daughter at first. My timing was minutes off by coincidence.. they thought dispatch had contacted me.
What bothered me most were the cowboys high fiving and laughing about shooting it 5 yards from me. :(
*Also am I entitled to the reports on this? They initially refused for over a year saying it was still under review until I finally moved on.
TheEschaton
10-21-2007, 02:15 PM
I dunno, that would seem like an administrative law question, and that changes from state to state, municipality to municipality, very wildly.
-theE-
Nieninque
10-21-2007, 02:36 PM
u suk @ law
Sean of the Thread
10-21-2007, 02:37 PM
He's a law student?
Warriorbird
10-21-2007, 03:32 PM
http://blogs.wsj.com/law/2007/05/09/should-the-us-allow-pet-pain-and-suffering-awards/
The first'd probably get thrown out by a judge.
The second? Not having witnessed the incident immediately after it happened I doubt you could get much legally, but having a lawyer assist you in complaining to that department might've gotten you a more serious apology/some money/some punishment for the assholes.
Sean of the Thread
10-21-2007, 03:36 PM
I was surely being facetious about the turtle lawsuit. I'm justl pissed that my gut is wrenched from drinking that shit. I had steak marinating for tonight too. :(
Warriorbird
10-21-2007, 03:39 PM
Sadly calling them up and complaining would only lead to more V8...and not more steak.
Now...if you expire this evening, maybe your heirs would have a product liability claim.
: practices being comforting...lawyer style :
;)
Stanley Burrell
10-21-2007, 05:05 PM
V8 with squeazed lime, ground pepper and a dash of paprika rocks my world.
I even use a celery stick to stir bloody maries. V8, like the internet, is serious business.
More on-topic, I should sit on my ass and sue people for a living too :-\
Nieninque
10-21-2007, 05:08 PM
V8 with squeazed lime, ground pepper and a dash of paprika rocks my world.
I even use a celery stick to stir bloody maries. V8, like the internet, is serious business.
More on-topic, I should sit on my ass and sue people for a living too :-\
Sean, be a gent and send Stainley some v8
Snapp
10-21-2007, 05:09 PM
So my question is my turtle suffered.... who do I sue... V8 or Walgreens?
Sue V8.
:heart: Walgreens
Stanley Burrell
10-21-2007, 05:16 PM
Sean, be a gent and send Stainley some v8
Your people do not know frivolous lawsuits. Hug the Magna Carta for its lack of needed Torte reform, so sayeth I.
Sean of the Thread
10-21-2007, 05:21 PM
Walgreens is fucking expensive here but have some items always on a great sale.
But fuck their V8.. I even checked the date before I bought it and picked the least dusty bottle hehehe.
Teavangelical
10-21-2007, 05:29 PM
Traditionally, pets aren't able to be considered under loss-of-consortium claims.
:love:
What about alienation of affection?
Warriorbird
10-21-2007, 05:45 PM
Well...provided he'd married his turtle...
Sean of the Thread
10-21-2007, 05:55 PM
We're not married we just fuck.
Teavangelical
10-21-2007, 05:57 PM
Well...provided he'd married his turtle...
Well, I think that hypothetical has already been established. :)
Suppa Hobbit Mage
10-21-2007, 06:12 PM
I found a fist sized turtle today. More appropriately, Ellie, my lab, came running into the house with what looked like a brick in her mouth. I called her over and it was a turtle all shelled up. I took it outfront and let it go, took a few good pictures of it I think, I'll post em later.
Shifted
10-21-2007, 07:53 PM
Sue them both. one is ought to win ya some money.
On a serious note, i'm kinda mad that i rushed my lawsuit. i could have made quite a bit more than what i got.
Tsa`ah
10-21-2007, 08:21 PM
Liability would depend on the cause of the product going bad.
Was there a perceivable seal on the container when you opened it (vacuum)?
Was the safety seal intact? ... what was the exp date?
If it's within date and the safety seal was solid, good luck getting Walgreen's to do much more than give you a refund and maybe take care of any medical expense.
If the cap has a poly insert and there's fluid behind the insert, there's your culprit. If there's no poly insert, check the threading of the neck and the top lip of the opening. If the threading is broken or the lip even has a small nick ... spoilage. Contact Campbells ... or direct toward Campbells.
If there's nothing wrong with the packaging then it could have been a bad batching or contamination somewhere along the filling line ... or it could have been with the container vendor and potentially just a singular case. Even in that event, liability (if any) is on Campbells.
Suppa Hobbit Mage
10-21-2007, 08:29 PM
Shortly after digging her out of Ellies mouth...
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1547.jpg
In the yard, free to roam
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1555.jpg
One hour later...
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1556.jpg
1 and 1/2 hours later
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1558.jpg
Sean of the Thread
10-21-2007, 08:30 PM
It was all just the way it should have been. I'm a germ freak I inspect all containers and dates rofl.
I was thinking maybe it was stored in excessive heat? Not sure really. I'm not even pursuing a refund so :shrug:
Suppa Hobbit Mage
10-21-2007, 08:32 PM
Ellie looking out the door was a picture I really liked
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1561.jpg
More motoring towards safety ( I hope)
http://i6.photobucket.com/albums/y216/imagedream/Dogs/IMG_1558.jpg
Tsa`ah
10-21-2007, 08:38 PM
It was all just the way it should have been. I'm a germ freak I inspect all containers and dates rofl.
I was thinking maybe it was stored in excessive heat? Not sure really. I'm not even pursuing a refund so :shrug:
Heat wouldn't have done it.
If we hear about a recall or a bunch of people in your area getting sick, it was batch contamination or something along the filling line.
If we don't, chances are you were the unfortunate recipient of a contaminated bottle. Someone at the plant either used bare hands, maybe shoved the bottle in their mouth or up their ass ... or maybe a trucker used a bottle as toilet somewhere between vendor and filler (yes ... it's happened more times than you want to know of).
This is why I buy very few things in plastic.
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