Legal Question in Product Liability in Florida

I bought a 6 pack of yoo-hoo and took 2 out to put in the freezer to get cold faster. 10 minutes later, I went and grabbed one of them out to drink. I shook it up and then opened it with my mouth. I drank half the bottle when I realized it tasted horrible and it burned my tongue. I set the bottle down and looked for an expiration date on the other 5 bottles. I did not find one. After that I felt a little queasy and vomited in my kitchen sink. My husband then grabbed the bottle I drank out of and started moving it around and noticed there was something floating in the bottle. He then grabbed a bowl and poured out the remaining liquid. We then noticed that there was something in the bottle that looked very much like a childs ear. It is at least 2-3" long and about 1-1/2" wide. So my husband decided to call the manufacturer and they wanted to send someone out right away to get the bottle and test it but I didn't think that was such a good idea. I want to know what I should do? Who do I call? Is there anything I can do? The tip of my tongue still burns and I am feeling just a little bit queasy still. Please Help!


Asked on 12/02/09, 8:14 pm

3 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Contact a doctor, not a lawyer.

You will probably be just fine. The company will pay for the medical expense

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Answered on 12/07/09, 8:34 pm
Sarah Grosse Sarah Grosse, Esquire

I agree that your first instinct should be to call a doctor, not a lawyer. And, yes, the company will pay for the medical expense. If there is anything seriously wrong with you, you need to have it diagnosed immediately to preserve any future claim you may have.

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Answered on 12/08/09, 5:31 am
Tami Diebel The Plaintiffs Law Firm

Take pictures of the item in different kinds of light to ensure you get the best picture. Let the Yoo Hoo company come out and look at it. And seek medical treatment. Find out what your medical damages are. I'm guessing, similarly to my colleagues, that there are no long term physical effects. I'm also guessing that Yoo Hoo will treat you very well. If not, and problems arise over the next several months, give me a call. 407-637-5890.

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Answered on 12/08/09, 8:27 am


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