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Can Kellogg's company be held liable due to metallic fragments in their consumed product? Is it worth pursuit based on details?

Fairview, TN |

My wife consumed two servings of the now-recalled "Mini-Wheats" cereal and suffered a skin rash the same evening, which, has lasted approx. two weeks. We still have the product, which, when crushed, a large amount adheres to a rare-earth magnet from a plastic bowl.

Attorney Answers 4

  1. Fortunately, it appears that your injuries were minor. Bringing a claim would be expensive and probably not worth the time and effort. An attorney would likely not be willing to take such a case on a contingency basis. You should have your wife see her doctor to make sure there are no lasting effects.

  2. I agree with Mr. Collucio but would add that you might contact Kellogg's after seeing a doctor to be sure your wife is ok. Because they have issued the recall, they may pay for your wife's medical bills and perhaps give y'all a little extra for your troubles. I don't think a lawyer would be willing to take the case as I suspect it would cost more than you would get back.

    Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

  3. Given the fact that the product has been recalled, calling Kellogg’s may lead to their paying your wife’s medical bills. It would be helpful that your wife’s doctor be given information on the recall and have him/her related her rashes to the metallic fragments.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  4. Yes, Kellogg's can be held liable. I agree with my colleagues that it might not be worthwhile pursuing a lawsuit: however, I would strongly advise you to consult with a personal injury attorney in your area.

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