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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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We purchased a package of 7 Store N' Pour food safe

Customer Question

We purchased a package of 7 Store N' Pour food safe pharmaceutical grade containers at Walmart that were on clearance and we could see after we got home that the item must have been a return as it was stapled shut. My husband was preparing to use one of the containers to put dressing in for his lunch to bring to work and he opened the container and proceded to smnell the inside to make sure it didnt have a strong plastic odor that needed to be washed out first. Instead of plastic, he was overwelmed with the pungent smell of urine. After inspecting all containers from the package, we could see that 2 out of the 7 containers had the same odor and urine droplets still in them. The previous customer used them to hold urine and then returned them to the store for a refund. Now, I have never sued anyone before but, one of us could have contracted an infectious disease from these contaminated containers if we hadnt noticed. We have a 4 year old that would have been using these along with my husband and myself. Something needs to be done about the immediate restocking of certain returns. I dont even think ths is legal to begin. We are originally from NY and have been traveling the country following my husbands job as a lineman working on power lines as work has been hard to find. We dont plan on going out of CA for the next year or so but, if I do sue, will it have to be in the same county as the store where I purchased the item in Vacaville, CA? We have already moved an our and a half away to San Fransisco as his job locations change every month or two. It has been about a month since I mad the purchase. I would have taken action sooner but, life happened and honestly, I am just at a loss as to what to do and where to start. I dont think I have a hard copy of the receipt but, I scanned it into their savings catcher app and I can see a copy online there. Should I get an attorney to assist me with this and if so, where? Will I have to pay allot to do this? Should I just be going to small claims court? I havent contacted Walmarts corperate office to report the issue because I wasnt sure if that was such a good idea if I plan to sue. Any advice is welcome, I just need to know what options I have and where to start? Thank You.
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

You will have to sue in the same county in which the purchase was made.

There is really no need for an attorney because you are limited as to the amount of damages you can recover. You can't sue for what "might have happened" only for what did actually happen. So that means you can sue for your money back and you may even be able to get "treble damages" under the Deceptive Trade Practices Act. However, as you can tell, even if you get your actual damages trebled you're still not talking about much money.

You can call corporate headquarters and you could also report them to the California Department of Public Health. Neither of those will necessarily hurt or help your case.

If you do decide you don't want to do anything yourself then you can certainly hire an attorney and you can sue for your attorney's fees as well. However, you're going to have to pay your attorney up front which will be a significant investment. That would count as an item of damages and you could then ask to treble that amount as well.

If you think you are going to want to use an attorney, pay them, and then try to treble their fees in an award you would probably want to go ahead and hire them now. This is the type of case that you really don't have a reason to wait on and the attorney can do most of the work without you being there. You would have to show up for the final hearing though, whenever it is set and potentially one more time for a deposition although they may not choose to do a deposition.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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