QUESTION

We bought hamburge at Winn dixie, froze some & made patties for dinner, my husband was eating his & found a piece of plastic in it, it cut the inside

Asked on Jan 03rd, 2017 on Personal Injury - Florida
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1 ANSWER

Personal Injury Attorney serving Mount Dora, FL
Partner at Largey Law
4 Awards
I am sorry to hear that your husband was injured due to the foreign object in his hamburger.  A couple of issues need to be addressed:  1. Did you keep the plastic object found in the meat?  Without proof of the object, it would be next to impossible to establish Winn-Dixie's liability. Although Winn-Dixie may be liable for the foreign plastic object in your meat, the burden is yours to establish that the object was there.  Without the object, it will be practically impossible to establish liability as WInn-Dixie will defend on the basis that there was nothing in the meat.  2. What were your husband's injuries?  If your husband needed stitches, or had some significant, negative health consequence as a result of the plastic object, than hiring a lawyer and pursuing a claim may be worthwhile to your husband.  If however, there was no need for medical treatment and the injuries were minimal, than it may be in your husband's best interest to handle it himself as Winn-Dixie will only offer an amount to settle which equates to a "nuisance value" settlement. Contact an experienced personal injury lawyer who can discuss these facts with you, free of charge, and help guide you in your decision making.  
Answered on Jan 09th, 2017 at 7:05 AM

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