Any lawyers on the Board?

[Turbone]

Dont know whether to call the company or get a lawyer first.
Was digging into a bag of Halloween candybars and when I was on the 5th one I discovered a piece of metal. Looks like the end off a rivet possibly. Luckily it didnt damage a tooth and I can only imagine what it might have done to my innards if I had swallowed it. Not to mention if a child had swallowed something like this.
I hate people who file frivolous lawsuits, the ones that dont take responsibility for spilling hot coffee in their crotches and sue the resturaunts. And I know I will be put thru the grinder by the company lawyers trying to prove I put the metal in there.
So I'm in a quandry as to what I should do here?

[Royal Tiger]

We once found a rusty screw in a box of cereal. Just called the company and they thanked us and sent a free coupon. I didn't think it was anything then a machine malfunction. No big deal.

[Turbone]

Would you have thought or acted different if you had found it in your mouth?

[porschekiller]

not even porsche owners. it was probably some disgruntled employee getting deported.

Originally Posted by Turbone

Dont know whether to call the company or get a lawyer first.
Was digging into a bag of Halloween candybars and when I was on the 5th one I discovered a piece of metal. Looks like the end off a rivet possibly. Luckily it didnt damage a tooth and I can only imagine what it might have done to my innards if I had swallowed it. Not to mention if a child had swallowed something like this.
I hate people who file frivolous lawsuits, the ones that dont take responsibility for spilling hot coffee in their crotches and sue the resturaunts. And I know I will be put thru the grinder by the company lawyers trying to prove I put the metal in there.
So I'm in a quandry as to what I should do here?

[Royal Tiger]

Maybe, but part of any lawsuit is to show malice on their part, or outright negligence. It's an uphill battle, and I don't want or need the hassle to hope for out of court settlement down the road.

[Wikedjuggalo]

Originally Posted by Royal Tiger

Maybe, but part of any lawsuit is to show malice on their part, or outright negligence. It's an uphill battle, and I don't want or need the hassle to hope for out of court settlement down the road.

We had cans of Rago (Sp) tomato sauce or whatever and 5 out of 6 cans had maggots in them eating away at stuff in it. We called the company and basically they didn't care kept transferring us around and around. Just got so annoyed we went to the store who sold it to us and they promptly took the cans off the shelf.

[SVXyGirl]

Originally Posted by Wikedjuggalo

We had cans of Rago (Sp) tomato sauce or whatever and 5 out of 6 cans had maggots in them eating away at stuff in it. We called the company and basically they didn't care kept transferring us around and around. Just got so annoyed we went to the store who sold it to us and they promptly took the cans off the shelf.

Ew that is sick.

[Landshark]

Originally Posted by Turbone

Dont know whether to call the company or get a lawyer first.
Was digging into a bag of Halloween candybars and when I was on the 5th one I discovered a piece of metal. Looks like the end off a rivet possibly. Luckily it didnt damage a tooth and I can only imagine what it might have done to my innards if I had swallowed it. Not to mention if a child had swallowed something like this.
I hate people who file frivolous lawsuits, the ones that dont take responsibility for spilling hot coffee in their crotches and sue the resturaunts. And I know I will be put thru the grinder by the company lawyers trying to prove I put the metal in there.
So I'm in a quandry as to what I should do here?

i'll refer you to my lawyers: Dewey, Cheatum, and Howe.

[ensteele]

I would contact the store or company and let them know what happened. I would not bother with an attorney. Would I have done something different if I had that in my mouth. Maybe, but I didn't, so I would not go to that trouble.

[SubaSteevo]

Since no harm was done, contact the company first. If they are unsympathetic, then take it further. There could be other problems with the same batch of candy, and I'm sure they wouldn't want something happening to a Trick or Treater.

[Turbone]

Originally Posted by SubaSteevo

Since no harm was done, contact the company first. If they are unsympathetic, then take it further. There could be other problems with the same batch of candy, and I'm sure they wouldn't want something happening to a Trick or Treater.

Pretty much what I was thinking also.

Earl, I can bring the evidence with me this Sat and you can experience it as much as you want


JK

[IceBlade]

Originally Posted by Wikedjuggalo

We had cans of Rago (Sp) tomato sauce or whatever and 5 out of 6 cans had maggots in them eating away at stuff in it. We called the company and basically they didn't care kept transferring us around and around. Just got so annoyed we went to the store who sold it to us and they promptly took the cans off the shelf.

I made Kraft Dinner once and was starving as ****. Downed an entire bowl before anyone else started eating. Then one of my younger brothers looks down at his bowl and discovers it's full of little maggots. They looked at my bowl and up at me in shock and I just got up and went "Mmm lots of extra protein! Eat up, guys!" Was quite disgusting I suppose but ya. Tasted normal lol.

[dcarrb]

I agree with the contact-the-company angle. Food manufacturers and retailers deal with these sort of claims all the time, and a good number of them are surely found to be the result of consumer tampering. (Remember the woman who "found" a fingertip in her Wendy's chili?) It's your word against theirs. You'll probably receive a letter of apology, a refund, and some coupons for your trouble.

Had you swallowed the offending object and incurred medical bills as a direct result, then it would be worth your while to have an attorney attempt to cover damages.


dcb

[Cynic]

I'd talk to the company first. Make sure no one gets hurt by alerting them to the problem.

Slightly off topic...
I believe in the US you can sue and you don't pay the lawyer? The person you're suing pays them, or something along those lines? I was watching a documentary a few years ago, and it said the US is the only (??) country with this law, which is why there are so many lawsuits in the States. I'd always wondered how burglars would and could sue the person they burgled if they got hurt "on the job" ...
Here in Canada, in most provinces, you pay your lawyer up front, so you have to be pretty sure you're going to win, or have deep pockets and commitment to the cause, if you sue.

[Turbone]

Originally Posted by Cynic

I'd talk to the company first. Make sure no one gets hurt by alerting them to the problem.

Slightly off topic...
I believe in the US you can sue and you don't pay the lawyer? The person you're suing pays them, or something along those lines? I was watching a documentary a few years ago, and it said the US is the only (??) country with this law, which is why there are so many lawsuits in the States. I'd always wondered how burglars would and could sue the person they burgled if they got hurt "on the job" ...
Here in Canada, in most provinces, you pay your lawyer up front, so you have to be pretty sure you're going to win, or have deep pockets and commitment to the cause, if you sue.

Most lawyers work on a contigency. Meaning they get paid when the case is over. BUT, if you loose, YOU pay. And you also pay the other persons legal fees.