We bought Great Value Boneless Skinless chicken breasts in a 5lb bag and made the breasts for dinner. One was cut into pieces and put aside for my kids to eat, but since they didn't finish, I went at it. I started choking on something sharp and my husband had to give me heimlich when I coughed up a rather large and sharp bone from the piece of chicken I ate from. My throat is sore and it hurts to swallow, this could've been my kids which makes me even more angry! AND I have a phobia of choking on things! We also spent a lot on these and now we're scared to eat any more of them because there might be more bones!
I don't think you have a viable personal injury claim. Fortunately it sounds like the bone did not cause you any lasting harm. Assuming your lawsuit lasted long enough to get in front of a jury, I think a jury would award you very little or no damages for being inconvenienced and having a phobia of choking. You can contact the retailer who sold you the chicken and maybe you'll get your money back or a $25 gift card, but I think that's your best case scenario.
Disclaimer: answers posted by attorney Daragh Carter to questions posted on AVVO are NOT privileged or confidential and will not and should not be construed to create an attorney-client relationship between attorney Daragh Carter and you or anyone else.
Although the company may be negligent, you need to have substantial injuries or damages to have a viable case. You would not want to spend a great deal of time and effort litigating a weak claim.
My response above is only general, legal and business analysis. It is not "legal advice." It is my own analysis based on the limited brief summary you presented. Other attorneys may have a different analysis and opinion especially if more facts are considered. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in the State of New Jersey.
Without significant medical bills and/or physical impairment as a result of this, you probably do not have an economically viable claim. I suggest you file a complaint with the store and the manufacturer of the product. They may be willing to compensate you for your inconvenience.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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