QUESTION

I found a stringy hairy like thing in my frito-lays classic chip but it was stuck to the chip, what should i do?

Asked on Feb 01st, 2014 on Consumer Law - Florida
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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1. Don't eat it.  2. If you contact the company, they will probably send you either a refund or some coupons for some free stuff.  Or, you can take it back to the store and they will probably replace the product you purchased.  Technically, you could make a claim that the chips failed the implied warranty of merchantability and fitness for a particular purpose under the Uniform Commercial Code, and sue them to get your money back . . . but is it really worth it?Simply because you got something gross in your bag does not mean that you suffered any damages.  Any civil law suit requires that you prove both liability (i.e. is the other side responsible for the damages or injury I suffered?) and damages (how much injury, harm or monetary loss did I suffer?)  Some people might be traumatized over getting something really gross in a meal, but most of the time, those "stories" do not result in actual damages, so there is no basis for a law suit.  However, the company will probably prefer to give you some free stuff to avoid the publicity of you posting pictures of something gross you got in your bag of chips.  That could hurt sales.On the other hand, if you really were somehow traumatized by what happened, then you should consult with an attorney in your area who handles product liability cases.
Answered on Feb 03rd, 2014 at 5:06 PM

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