Legal Question in Product Liability in Indiana

I bought some dried figs at the grocery store. When I was eating them I bit into a rock, and it hurt really bad. I have not been to the dentist yet to see if any damage was done, or if any teeth cracked. I called customer service. I thought maybe that the fig might have grown around the rock, but the lady said that sometimes they set crates on top of each other and this might be the cause of the rock in my fig. Upon further investigation of the fig I found a 2 more tiny rocks. I kept the fig and the rocks. I looked into the other 3 figs that were left out of the batch but I did not find any rocks. I kept the one fig that had the rocks in it and the rocks, and put them in the freezer. The company sent me an envelope to send the fig back to them, and 2 more packages of dried figs. I feel kind of stupid asking for money but I also felt kind of disgusted that I would bite into something that might have been on the ground, or at the bottom of someone's shoe. I have grandkids that could have got ahold of that fig, ages 7 and 9. They were eating the figs with me. Should I ask for money ? If so how much should I ask for? How would I word it? Please send me $1200 dollars for the pain and trouble of digging through the figs, and for eating one from the ground?" Thank you.


Asked on 5/09/16, 8:03 pm

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

If you haven't been damaged, you have no grounds to ask for money. Rocks and dirt and bugs are all part of the food product since that's the environment in which they grow. The growers and grocers can't get everything off. You as the consumer must exercise diligence and inspect the product. Once again, if you weren't physically damaged, you really don't have any value to seek.

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Answered on 5/10/16, 5:14 pm


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