Legal Question in Personal Injury in California

As I was eating a nutritional bar by a well known manufacturer I noticed what seemed to be a hair stemming from inside it. I called my girlfriend over to look at it, and told her to pull it out. It didn�t come out easy so we got tweezers. We still couldn�t pull it out and opened the bar. It turns out that there was what looks to be a BandAid cooked into the bar. Half of it is gone, and I believe I ate it because the previous bite had a weird texture to it.

I am absolutely disgusted and nauseated by the BandAid in my bar. I do not know what to do at this point and whether or not I have a legal case (and if I do, whether it is worth pursuing), or if I should just complain to a manufacturer. I appreciate any and all advice. Thank you.


Asked on 10/09/11, 9:59 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You have a very poor case. How did a bandaid get into the bar? Would a jury believe such a large object could have fallen into the stirring pot used to make the bar or that you are trying to get some money, as others have from a large company. The producer will probably be able to show that the process of making the bars is enclosed to that such a large object could not get into the bar. While it is disgusting to find something like that, a juror would say that the heat from the process of making the bar would have killed any germs so you should not expect any physical problems from ingesting it.

Have a friend write the manufacturer for information as to how the bars are made; that will give you some idea as to whether it would be possible for such an object to get into the bar. then write the manufacturer to tel them what happened, your girlfriend is a witness, and send a photo of the bar and bandaid, ask how it could happen, the two of you will never be able to eat that type of bar again, and should yo not be compensated for the incident. See what they will offer and then make a counter-demand, but do not expect to get more than several hundred dollars. No attorney will take the case.

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Answered on 10/09/11, 10:29 pm

The law not only requires proof of wrongful conduct, but also meaningful damages from that conduct, before there is a case. You have no meaningful damages, so no meaningful case.

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Answered on 10/10/11, 12:51 pm


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