I worked at a convenience store and on my day off I took my 5 yr old son in there to get slurpies. 7/11 made these sour chewy slurpies straws all in wrappers. Well my son wanted one so I got it for him. As I was driving along listening to music while my son Sat beside me enjoying his slurpie. Next thing I know I look over and my sons face was a dark shade of purple. He chewed a piece of the sour slurpies straw and in an attempt to swallow it got lodged in his throat. I was on a very busy road and after banging on his back and no change I proceeded to stick my fingers half way down his throat to remove this slimy piece of slurpies straw. I notified my work after reading the wrapper of the candy straw to find NO CHOKING HAZARD anywhere on the wrapper. Even after I told them what happened they continue to sell these same straws without a care. Do I have grounds to sue? And who could give me a free consultation?
While this is a terrible event, you do not have a basis to sue. 1) the straw was used in an activity (chewing) that is not its normal application. 2) there was no damages.
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