QUESTION
How can I file a claim on a candy manufacturer?
Asked on Oct 08th, 2016 on Personal Injury - Michigan
More details to this question:
I bought a pack of candies. I was eating them by a few and I ended breaking my tooth on a hard rock substance in the pack. I spit it out along with the blood, my broken tooth chips and in about a 3cm chunk of something. So hard its unbreakable to my bare hands. I took pictures of it and a candy it’s definitely not a candy. I’ll have to now go through surgery to have the tooth removed and have to suffer through the pain until then and after of a missing tooth. I never had any problems with my teeth until now. I want to know how I can go by this as soon as possible.
2 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
Food must be fit for its intended purpose; to eat. Most manufacturers won't settle without a law suit. These cases are not easy and they always accuse the consumer of "fraud". The object may be a nut shell as we see that from time to time. You have a strong case.
Answered on Oct 31st, 2016 at 6:51 PM
Ronald A. Steinberg
When someone puts a food product into "the stream of commerce," it is guaranteed to be "fit for the purpose intended." Namely, that it is fit to eat. So, you have a claim based on 2 legal principles: 1) breach of a business contract for the purchase and sale of an edible product, and 2) breach of the guarantee the the product is fit for the purpose intended. However, you MUST prove that the food "contamination" actually is NOT candy. Example: you bite into a piece of cherry pie and break your tooth on a cherry pit. No case, because cherries have pits, and the fact is that sometimes a cherry pit ends up in cherry pie. But, if you break your tooth on a rock, there is a case, because the only way a rock could end up in cherry pie is if someone screwed up.
Answered on Oct 31st, 2016 at 6:51 PM