Legal Question in Consumer Law in Oregon

found hard bone in albacore

We found a l-1/2''x 1/8'' hard bone in our Albacore . I missed it when mixing for sandwiches. My husband found it in his sandwich just before biting into it. This was no small soft bone. I was horrified and almost had a panic attack! Is the company liable or does someone actually have to choke to death before they are liable.


Asked on 2/07/09, 12:50 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: found hard bone in albacore

Someone actually has to choke (or break a tooth, etc.).

Seriously, you could sue the cannery but would have a hard time proving you were tangibly harmed and thus entitled to an award of damages. You did not choke. You got upset, but how much is that worth? Did you have to go to the hospital to be treated for nervous tension as a result? Are you being treated by a psychiatrist as a result? If so, you could sue and try to get the cannery to pay your medical bills.

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Answered on 2/08/09, 4:22 am


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