Legal Question in Product Liability in Connecticut

Foreign object in my trail mix

The other evening, I poured a bag of trail mix into

a bowl and sat down to watch T.V. I was not

watching what I was eating, and popped a handful

of the mix into my mouth. My teeth came across

something very hard (and unlike anything that

should be in trail mix) so I immediately spit it out.

To my horror, it was a half-eaten lollipop!!!!! It

made me absolutely nauseaus. Since that

episode, I've not been able to eat anything without

first culling through it (cereal, popcorn, nuts) to

see if there are any foreign objects. I'm making

myself crazy.

The back of the package says:

Hershey Import Co., Inc.

Rahway, N.J. 07065

Do I have a viable claim here for a monetary

settlement?

Thankyou


Asked on 8/16/01, 6:51 am

2 Answers from Attorneys

Robert Kaufmann Robert M. Kaufmann Law Offices

Re: Foreign object in my trail mix

Attorney Aspinwall is correct. You can also make a claim against the store where you bought the trail mix, since the store was in the "chain of commerce" from the manufacturer to you. Feel free to call my office on this, if you like.

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Answered on 8/17/01, 10:53 am
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Foreign object in my trail mix

If you retained the bag, the uneaten product and the foreign object, you may well have a claim against the manufacturer. Liability for unwholesome food products is absolute.

It may be a modest amount which is available if you were not required to seek medical/psychiatric treatment.

Check with a member of the American Trial Lawyers Association in your town. Initial consultations/case evaulations are usually done at no cost - ask first.

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Answered on 8/16/01, 1:58 pm


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