Ask a Lawyer - Archive

I bought baby formula for my 3 month old infant and there were black bugs in the formula.

What should I do as I do not feel this is safe for the infants?

I am sorry to hear about what sounds like a very unpleasant experience. In Texas, however, you must demonstrate actual physical injury to support a case for negligence. Negligence is where you claim that a party failed to perform a duty that they owed to you, but did not actually commit the act intentionally. If a party commits an intentional act that causes emotional injury, you can attmept to bring a claim for intentional infliction of emotional distress. But if the act was merely negligent, as seem likely in this case, you cannot sue unless there is physical injury. If you think your child may have been infected in some way, you should seek medical advice as soon as possible, both for your medical peace of mind, and to see if there is any resulting injury upon which a legal claim could be based. Otherwise, you probably don't have a legal claim against the formula manufacturer.