Should I send the bug I found in my cereal back to Kellog's? They want me to, but it's my evidence.

Asked about 5 years ago - San Diego, CA

They sent me a check for $10, but I almost ate the bug and it made me sick and I threw up. I just don't think $10 is enough, I was horrified and I can't eat cereal anymore! I told them I would send pictures, you can clearly see half of a bug baked into and sticking out of the corn POP. It is very grotesque. I don't think I should send them my evidence.

Attorney answers (4)

  1. S Edmond ElDabe

    Contributor Level 13

    Answered . Don't send them the bug. I can tell you about an experience that one of my clients recently had. A long time client of mine bought some raisins from a supermarket. After eating them, she looked at them more closely and they were filled with maggots. She vomited, and left work early feeling sick. She asked me if I would take the case. I told her I could not take the case because it was too small, but suggested she write a letter to the raisin company and if that went no where, she should file a small claims case...after all, she had a valid claim.

    She wrote a letter to the raisin company and they offered $50. She felt that was not enough. I helped her draw up the small claims paperwork and she went to small claims court in Orange County. She filed the claim against the supermarket and the raisin company.

    She presented her case to the judge. The supermarket and raisin company presented their defense. The judge ruled in her favor and awarded her $3,500.

  2. Carl G. Archer

    Pro

    Contributor Level 12

    Answered . Please understand that we can only provide information here on a website. If you want to pursue a legal case, you will need to talk to somebody licensed in your state and proceed from there.

    That sounds disgusting. So much so, in fact, that I don't know what is it that you'd want to keep it for. Do you want to sue them? It's not an easy process. I understand that it may be evidence, but if you don't plan on trying to use the evidence, it does not make much of a difference.

    You need to decide how you want to proceed, and that should dictate the answer to your question.

  3. Dennis Michael Phillips

    Contributor Level 17

    Answered . You are emotionally charged up about this right now; but over time it won't be much of a big deal. You ALMOST ate a bug.

    This is not what you want to hear; but I'll bet that if you ask 12 random people on the street (a potential jury), they would tell you that your claim is frivolous and that you would be clogging up the court system if you do any more than take the $10 and go.

  4. Theodore W. Robinson

    Contributor Level 20

    Answered . I agree with the first answer given, however, I also think that if you require psychological care for your disgust over a period of time, then it might rise to the level of a case. On the other hand, the first answer was accurate. Its probably a minimal case at best. Try to get over it as best you can and move on with your life.

    Good luck.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,693 answers this week

2,961 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,693 answers this week

2,961 attorneys answering