Legal Question in Consumer Law in Massachusetts

glass in my ice cream
I was eating ice cream over the week-end ,at first i thought it was ice crystals and disguarded it.Weds. I took a little bowl of the same ice cream and got the same results,something i thought was ice crystals this time i took it out of my mouth to find it is chunks of glass. I think i might have swallowed some .What should i do? I called the store i bought it at ,they want the container and the glass.Should i call a Lawyer?

Asked on 12/06/07, 9:10 am

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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Re: glass in my ice cream

First off, you should check with a doctor. Doctors come before lawyers in cases such as these, first for your --health-- and only second for evidentiary reasons. Worry about suing when you're sure you have no perforations of any part of your digestive system (or have treated any found)!

Answered on 12/06/07, 9:24 am

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Mitchell Roth MW Roth, Professional Law Corporation

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Re: glass in my ice cream

Small pieces of glass should pass through your system without any harm. If so there is no need to call a lawyer. Do return the ice cream and get a receipt. Show someone else the ice cream first so you have a witness. Take some out, put it in a strainer and rinse it so that only the foreign material is left in the strainer, and have a witness to this. Ask the witness to keep the foreign material for a couple of weeks in a safe place so you can establish chain of custody if you need to. If you are fine in a few weeks forget lawyers. But do return the ice cream for a refund and write the manufacturer about the problem. You may also want to contact the State's department of consumer affairs and make a written report so they can look into how this happened and prevent it from happening again.

Answered on 12/06/07, 9:54 am

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