QUESTION
If I bought a bag of candy and in one of the clusters was a sharp piece of plastic that got stuck in my gums, do I have a case?
Asked on May 06th, 2013 on Personal Injury - Iowa
11 ANSWERS
Technically yes, but it is not really worth pursuing. You can write the company about what happened and maybe they will send you some candy?
Answered on May 10th, 2013 at 4:21 AM
Ronald A. Steinberg
Yep. However, if you no longer have the plastic, you won't be able to prove that case.
Answered on May 09th, 2013 at 2:35 PM
1 Award
No. You only have a case if you can prove that the candy was defective and unreasonably dangerous. Your description does not sound like you would be able to prove either thing.
Answered on May 07th, 2013 at 3:01 PM
Thomas Edward Gates
Yes, but it is not worth much.
Answered on May 07th, 2013 at 2:56 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, but it isn't worth much.
Answered on May 07th, 2013 at 2:56 PM
James Eugene Hasser
Yes, but what it would be worth is the question. Notify the manufacturer and try to work something out from there. You will need to show them the bag and the plastic piece.
Answered on May 07th, 2013 at 2:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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For the price of the candy.
Answered on May 07th, 2013 at 2:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First, you have to prove that's what happened. Then, you have to prove damages.
Answered on May 07th, 2013 at 2:55 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You likely do have a case as the foreign object is not one likely or expected to be contained in the cluster of candy.
Answered on May 07th, 2013 at 2:55 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you have a case, however the amount of damages, unless you were severely hurt and have permanent problems resulting from this, are insufficient to support a legal cause of action. You might contact the manufacture of the candy, they would have a duty to buy you a new package and it might offer you some small amount in settlement of whatever claim you might choose to bring.
Answered on May 07th, 2013 at 2:55 PM
Not really, there isn't enough damage to justify a law suit.
Answered on May 07th, 2013 at 2:54 PM