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

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.

Fairview, TN -

Attorney Answers (4)

Stephen Alan Sauer

Stephen Alan Sauer

Personal Injury Lawyer - Memphis, TN
Answered

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.

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Kevin Coluccio

Kevin Coluccio

Car / Auto Accident Lawyer - Seattle, WA
Answered

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.

David J. McCormick

David J. McCormick

Defective and Dangerous Products Attorney - Milwaukee, WI
Answered

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... more
Bruce J. Manos

Bruce J. Manos

Defective and Dangerous Products Attorney - Racine, WI
Answered

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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