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Do I have a claim for damages if I find a foreign object in frozen food?

Asked almost 3 years ago - Tampa, FL

While eating chili that was heated in the microwave, I bite down on a large piece of plastic (1/2" long by 1/4" wide). I do believe that I did swallow a piece of this material prior to finding the larger piece. I then went through the rest of the container and found two more pieces. Do I have any claim against the manufacturer for damages?

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Attorney answers (2)

Alan James Brinkmeier

Reputation Level 20

Answered almost 3 years ago. Lawsuit / Dispute Attorney in Chicago, IL.

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Thank goodness you were not hurt. A claim for negligence requires damages that luckily you did not suffer. You may get a coupon or free product from the chili company if you write a letter and enclose the plastic found in the product.

Good luck.

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Jonathan H Levy

Reputation Level 19

Answered almost 3 years ago. International Law Attorney in Washington, DC.

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I agree with Alan, you need to have suffered damages in order to make a direct claim. If you can document that you swallowed the plastic by going to the hospital ER, you will have suffered damages. Otherwise it may be a difficult claim to win. You should see a doctor at the very least, get a medical report, save the pieces and contact an attorney before trying to contact the manufacturer. What the potential damages might be would depend on the medical report and an attorney's skill, provided you can find one to take the case.

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