Can I sue Taco Bell for having cardboard in my food?
2 attorney answers
Unless there is something wrong with the product generally or this is a general practice, you have very little to go on....there is no apparent injury other than that you purchased the product that you not have been ingested. A refund will do nicely here.
Sorry to burst your bubble, but you did not just win the Detective Product Lottery Jackpot.
Food can be served at various temperatures from fully frozen to boiling hot. As a consumer, you need to take responsibility for checking before gobbling it down. Pigs, Cows, Fish, and Chickens have bones, beaks, and feet. (OK, fish don't have feet.) When animals are processed, particles, and sometimes pieces get mixed in.
Nuts have shells, fruit has pits, vegetables have stems, and pebbles are scooped up during harvesting.
Sometimes during food processing or preparation pieces of glAass, plastic, rubber, metal, or screws come loose and end up mixed in the food.
Rarely, employees' hair, fingernails, band-aids, and even lost body parts get mixed in.
Mold, e. Coli, Hepatitis, and/or other contaminants may be present.
Rodent Poop and Insect Parts can be found in food -- and the FDA actually publishes what and how much is allowed to be present.
Occasionally, a small animal such as a mouse, spider, cockroach or cricket might wander into a pot of chili or whatever.
You need to be aware that this kind of stuff might be in ANY food product, and does not necessarily mean that anybody was negligent.
Expiration dates are the manufacturer's opinion of freshness, except for baby formula and possibly a few other items under the FDA. You should verify fresh dates prior to consumption. Look before you eat, and be careful when chewing and swallowing.
If you break a tooth, get cut, or get sick from consuming the product, get immediate medical attention, and retain what's left of the food and the packaging.
If your medical expenses are significant, consult with a Personal Injury attorney for evaluation and advice.
If your medical expenses are small, ask the vendor and/or the manufacturer to cover them.
If you have no medical expenses, but are just grossed out and inconvenienced, demand a full refund or replacement and free coupons. If you are determined to sue because "it's the principle of the thing", file a breach of contract lawsuit in small claims court for the price of the thing and bandaids plus your filing fee and process server cost.
Remember, "almost choking to death", and "could have been severely injured" means that you almost have grounds for a personal injury lawsuit.
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