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

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?
Answer this question Add to list

Answers (2)

Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
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.

NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
1 0
Jonathan H Levy

Jonathan H Levy Avvo Pro

Contributor Level 9
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.
0 0
Back to Search Results

Ask a Question

Get free answers from real lawyers.