Legal Question in Personal Injury in California
Hi, I bought a turkey sandwich from Costco and ate when I came home with my husband. Right after that I felt a sharp pain in my throat and had difficulties with breathing and swallowing. Tried to rush to the bathroom and make myself throw up trying to clear my throat and I had blood. We rushed to ER and spent there about 4 1/2 hours but they did not have ENT equipment and checked me with a dentist mirror. They released me and said to go to ENT doctor next morning.
I could not eat or drink for 24 hours. I had terrible pain in my throat.
We went to ENT doctor and he checked my throat said I had a big scratch inside (I have a picture). Couple days later my throat started to heal and I can eat and drink now. But not sure what that object was that cause all this and I am waiting for my ER and doctors bills.
Should I notify Costco corporate about this or what should I do?
2 Answers from Attorneys
Not sure what caused the injury so it is hard to hold anybody liable to it. If it was a foreign material, such as a piece of metal, glass, or whatever, then Costco is liable for breach of product liability. What if it was a bone, rather sharp? It could get mixed in the meat but it does not mean a breach of product liability.
You can tell Costco what happened and see what they are willing to do, but as already pointed out, you can not prove that it was some foreign matter from the sandwich that caused the injury.
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