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Can You Sue for That?


(November 2, 2022) The city of San Antonio has had a crazy two months on the legal front, with some unusual lawsuits being filed. Bill Miller BBQ, a popular San Antonio chain, has sued its poultry supplier for $382,000 worth of chicken tenders that were “too salty” after receiving numerous customer complaints on the issue. A San Antonio lawyer has sued Texas staple grocery chain H-E-B for creating excessive noise and blocking sidewalk and road traffic from numerous early-morning deliveries, demanding compensation of up to one million dollars. Oftentimes, when people are injured or suffer extreme discomfort, they are not aware that they may be entitled to legal compensation for it. Let’s take a closer look at these unusual lawsuits and see the particulars behind the laws that drive them.

Salty Chicken – A Breach of Contract Lawsuit

American business law can seem a little complicated. However, with 31 million U.S. citizens becoming entrepreneurs and starting their own small businesses, it is important to understand some basic legal concepts that govern business in the United States. Bill Miller BBQ’s lawsuit covers both breach of contract and gross negligence, two very important legal concepts. Let’s take a look at each one.

Breach of Contract

Breach of contract occurs when one party fails to perform one or many parts of an agreement in a contract. The end goal of a breach of contract lawsuit is to restore one, or both parties to the financial state they would have been in had the contract not been breached. This particular lawsuit would fall under a minor breach of contract because the product (the chicken) was delivered; it just wasn’t in the agreed-upon state at arrival.

Gross Negligence

Gross negligence is beyond just negligence because it implies willful and reckless disregard by the guilty party. In the context of the above case, Bill Miller BBQ is alleging gross negligence because the supplier knew the chicken was well over the agreed-upon amount of salt content but claimed that it was within normal levels.

Noisy Neighbors – Public and Private Nuisance Lawsuits

When does your noisy neighbor’s Halloween bash go from being just annoying to being a nuisance? State law defines a nuisance as “the unreasonable, unwarranted, and/or unlawful use of property, which causes inconvenience or damage to others, either to individuals and/or to the general public.” In simple terms, it means that if the actions of the individual (or business, in the above example) are enough to disrupt the enjoyment of public or private property for a reasonable person, it’s a nuisance. The San Antonio lawyer who is suing H-E-B is alleging that the company is generating excessive noise and disrupting the use of public walkways, both of which can be classified as a nuisance under this law. If your adjacent neighbor allows their home to be used for illegal activities or to fall into disrepair, this can also be classified as a nuisance.

When to Hire an Attorney

If you have a financial loss due to a breach of contract, or if the actions of businesses or neighbors have disrupted your enjoyment of public or private property, you may be entitled to legal compensation.

The Law Office of Carabin Shaw has been representing the citizens of San Antonio and the surrounding area for thirty years. If you think you may have a legal case for breach of contract or public or private nuisance, contact our legal team for a free initial consultation at 800-862-1260. We look forward to working with you.

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