QUESTION

Metal Pellet in Hamburger

Asked on Feb 01st, 2013 on Consumer Law - Pennsylvania
More details to this question:
My daughter bit into a hamburger patty made by a meat manufacturer. She found a metal pellet in her mouth. I took her to a local clinic to see if she had ingested any pellets. Nothing was wrong. No chipped teeth and no metal in her body. I called the meat company. They had me send the metal pellet to them. They responded a month later and offered to settle the claim for $35.00.(clinic cost) I have not contacted them since the offer. I would like to know can I recover the cost of the patties ($16.00), the cost of travel (26mi @ 0.55/mi $14.30) and my time(2hr @ $40.00/hr) for taking her there? I understand there were no damages. Total cost of my claim would be $145.00. Can I threaten to take them to small claims court? They are located in a different state. What are my options? THANK YOU!
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Fortunately, your daughter has minimal damages.  You can theoretically recover all the items you mentioned, but you may not be able to sue them in PA.  So, it may not be worth your time and trouble.  On the other hand, if you sue, their insurance company may settle for more to avoid a possible pain and suffering claim. 
Answered on Feb 10th, 2013 at 7:31 PM

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