Can we sue for personal injury without main piece of evidence?
Question Details:Found a piece of a rubber glove in a cake purchased from a local bakery in which my mom chocked on it and had it not been for my fiance she could have died. We made the grave mistake of returning the evidence but have been treated horribly by the business in question. I have a letter as well as my mother to some degree apologizing for the "incident" and glad that your mom is OK? is this enough to sue them? With giving back the glove which was so stupid on our part but until they show no concern at all about what happened to my mom now I want to sue the pants off of them for their treatment.
A product liability case is where the product is defective or is unreasonably dangerous. In this case, the product was defective as it had a rubber glove inside, which should not have been there under any circumstances. What you should have done was take lots of pictures and then send the pictures of the glove to the company and keep the glove for your use at court to leverage a settlement. Based on the letter that was written by the company apologizing for what happened you may have a leg to stand on. Furthermore, you have witnesses that will come to court to testify as to what they saw. Testimony is powerful evidence, especially when there is a letter from the company admitting fault. I suggest hiring a lawyer to review all the letter and documents and filing a lawsuit. How much to demand for settlement purposes is something to talk to your lawyer about.
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