Legal Question in Consumer Law in California

Re: foreign object in food

Every civil (non-criminal) case has two parts to it: 1) liability - who is at fault for causing the injuries, and 2) damages - what are the damages suffered by the injured party.

In your case with the coin in the hamburger patty it is fairly clear that the grocery store is likely the party at fault. Thus, the grocery store is liable for your damages.

The issue of damages is the significant issue in this case. If someone swallowed the coin, then all of the injured person's injuries would be the responsibility of the grocery store. Thus, if the person needed surgery to remove the coin, the grocery store would be liable for all costs associated with the surgery including doctors, hospital, any rehabilitation, lost earnings during the period of time that the injured person could not work and pain and suffering for having gone through all this asa result of the grocery store's negligence.

If, however, no one swallowed the coin and the coin was discovered before anyone was injured, then the damages are extremely limited, probably the cost of the the hamburger patties that were "spoiled" by the presence of the coin.

In other words, damages are required in order to recover something. If people were to sue over every possible wrong even when they were not injured, the courts would be bogged down much worse than they already are.

J. Caleb Donner

DONNER & DONNER

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