Legal Question in Consumer Law in Georgia

Metal found in food

I purchased a sausage gravy biscuit from mrs. winners, after eating 75% of it found metal shaving in my mouth that was in side the sausage, spent all day at er to see if I had swallowed any metal. Was very unnerving and now cant eat with out thinking about it, do I have any recourse?? Cant get them to answer phone at place of purchase and left message at the corp. office but have not received a call back.

thank you,

Mrs. Morris


Asked on 4/22/05, 8:56 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Metal found in food

Unless you actually have a medical injury (such as you swallowed it and had to have surgery) you have no damages and no case.

What you have is a simple customer service problem.

Calling customer service, by the way, is never the correct to deal with this. And given the recent arrest of the person who claimed to find a finger in her chili, please be aware that the police may investigate such complaints.

If you truly did find the shaving, write a calm polite letter, and don't embellish it with the language you used in your post, and send it direct to the President of the chain (find the address under investor relations in their website). They'll probbably send you a small gift certificate or some coupons.

(If you actually were injured, and can document that you showed someone in the restaurant the shaving before you left, and ideally took pictures with a camera phone or something BEFORE you left, then you might want to talk to a lawyer)

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Answered on 4/22/05, 9:31 am


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