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Exploding can of Soup!!!

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DebFruke

Junior Member
What is the name of your state (only U.S. law)? Michigan

My husband has long-term health concerns, and for almost a month, has been on liquids, and now can at least eat soup. As you can imagine, he is weak, and his imune system lacking.
I went to make him a can of Soup- the kind of can with a "pop-top".
As soon as the tab punctured the seal- the lid exploded off the can with a loud "crack" like a gunshot! My kids heard it at the other end of the house in their rooms and thought something had exploded in the microwave.
My ears were ringing, my head hurt and my hand (luckily NOT cut) was swollen and red where the lid exploded into my hand.
THAT is not my main concern.
The contents of the soup (miraculously un-spilled!?) were frothing and bubbling while the can sat on the kitchen counter!
The can had no bulges or dents- seemed perfectly normal.
The soup smelled 'normal"..but obviously is spoiled- most likely Botulism.
Had it NOT exploded- I would have fed it to my Husband, and most likely killed him!
What (if anything) is my recourse?
I did write the company, and kept screenshots of the email as well as sending them all the pertanant information.
What now?
Thanks for the help!
My ear is still ringing!
 


quincy

Senior Member
What is the name of your state (only U.S. law)? Michigan

My husband has long-term health concerns, and for almost a month, has been on liquids, and now can at least eat soup. As you can imagine, he is weak, and his imune system lacking.
I went to make him a can of Soup- the kind of can with a "pop-top".
As soon as the tab punctured the seal- the lid exploded off the can with a loud "crack" like a gunshot! My kids heard it at the other end of the house in their rooms and thought something had exploded in the microwave.
My ears were ringing, my head hurt and my hand (luckily NOT cut) was swollen and red where the lid exploded into my hand.
THAT is not my main concern.
The contents of the soup (miraculously un-spilled!?) were frothing and bubbling while the can sat on the kitchen counter!
The can had no bulges or dents- seemed perfectly normal.
The soup smelled 'normal"..but obviously is spoiled- most likely Botulism.
Had it NOT exploded- I would have fed it to my Husband, and most likely killed him!
What (if anything) is my recourse?
I did write the company, and kept screenshots of the email as well as sending them all the pertanant information.
What now?
Thanks for the help!
My ear is still ringing!
You were smart to contact the company. They could contact you asking for additional information but it is more likely that you will receive a letter from the company acknowledging receipt of your email. You might receive coupons for free soup.

Because you did not suffer an injury requiring medical treatment, it appears you have no compensable damages other than the cost of a can of soup replacement. Therefore, there is no legal action to pursue.

Did you contact the store where you purchased the soup? You might want to do that.
 
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cbg

I'm a Northern Girl
You do not get to take legal action for something that did not happen. Whatever MIGHT have happened if you'd given your husband the soup, the fact remains that you didn't, and that nothing therefore happened.

You've taken all the actions you can reasonably take, short of notifying the store.
 

Dandy Don

Senior Member
Do go see a doctor and also have your hearing tested.

Did you save the contents in a ziplock bag and freeze it? Were you asked by the company to send them the can or the contents from it? Have you received any correspondence at all from the company or their lawyers?
 

quincy

Senior Member
Here from the FDA is a link to the Food Safety Modernization Act, which went into effect last year:

https://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm359436.htm

Exploding cans potentially could signal the presence of clostridium botulinum. The most common causes of can explosions are food spoilage (check use by dates, swollen or dented cans) and packaging errors (increased air pressure in cans).

With no demonstrable harm (an audiologist should check ears if there is continued ringing), there is no lawsuit to pursue, as already noted. Whether the FDA would be interested in the can explosion depends on the reason for it exploding.

By the way: If you suspect botulism, the can should be handed carefully.
 
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