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Old 01-05-2006, 03:54 PM
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Join Date: Jan 2006
Posts: 5
Default foreign object in food

On Xmas night we were enjoying an imported(to Canada from the UK) pudding
My wife bit down on a hard objectwhich at first we thought was a human tooth! This really grossed her out and made her physically ill.After further examination it turned out to be a piece of machine plactic (obviously formed) Needless to say it ruined the "atmosphere" of the evening, with everyone at the table looking through their pudding for other pieces of plastic. What are my options as to what course of action to take and what could I expect from any action. I also found out that this product is NOT supposed to be imported into Canada! If so, then how did the retailer get it, and could I have some cause to pursue them in an action?

Last edited by dufusdog : 01-18-2006 at 04:43 PM. Reason: additional information to be added
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Old 01-05-2006, 04:32 PM
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Join Date: Jun 2005
Posts: 456
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Please read:http://legalmatch.typepad.com/personalinjury/ "You found what in your soup?"

You really are entitled to nothing unless you have medical expenses. You will not get anything for a "ruined atmosphere". Call the company and find out if you can get your money back for the pudding or coupons. Otherwise the likelihood that you would recover damages is slim.
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Old 01-07-2006, 02:50 AM
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Posts: 53
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Even in a torts case you must be able to prove SOME form of objective damages. It is very difficult to allege pain and suffering unless you can demonstrate how this incident had a chronic impact on your livlihood, your ability to work efficiently, or in any other way conduct your life as normal. Your best source of resolution is to deal directly with the company or, failing that, with business reporting agencies local to where the firm is located (equivalent to the BBB within the US).

Brad
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