Legal Question in Consumer Law in New York
Glass in food
I have found glass in two cream cheese stuffed pretzles by schwan's. I saved a piece of the glass, taken from my mouth. I did not receive any physical injury. I have notified Schwan's company and have contacted and reported the incident to the consumer hotline. Schwan's wants me to mail them the glass and have stated the driver will reimburse me of my purchase. Is this complaint frivolous because I have not stated physical injury? Should I just follow Schwan's foos company instructions?
1 Answer from Attorneys
Re: Glass in food
Normally, you must be injured to receive compensation on a negligence claim. It seems your only damage is the payment of money for inedible food. Under your fact pattern, Shwan's payment to you of the purchase price is reasonable compensation or settlement of the claim.
Mike.
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