QUESTION

I found plastic in my 2 year old daughters oatmeal packet

Asked on Sep 01st, 2017 on Personal Injury - Wisconsin
More details to this question:
Would a lawyer be able to take my case to sue the company? If my daughter would have eaten it she could have choked on it and died
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1 ANSWER

Divorce Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
4 Awards
These type of "bad food" cases or "foreign objects" in food are treated with great disdain and mistrust by insurance companies. They routinely deny the claim and force individuals to sue them. Unless  your child received some type of significant injury, there really isn't an injury case worth pursuing. Take pictures of the object and food product and write a stern but respectful letter to the company about what happened and your concern that your baby could have choked. Maybe they offer you some free food coupons or several hundred dollars for the incident. It is really not worth in my opinion, involving a personal injury attorney with. I'm certainly glad your child didn't choke and is o.k. That is really the most important thing. The statute of limitations for a minor pursuing a personal injury case in Wisconsin is 2 years past the age of majority, not the typical 3 years from the incident. Failure to file a lawsuit within 2 years of the child's 18th Birthday would forever bar the claim.
Answered on Sep 02nd, 2017 at 5:58 AM

David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com

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