Legal Question in Consumer Law in Washington

I discoverd I had just consumed part of a can of fruit that contained a Cigarett

I live in Oregon and purchased a case of canned fruit in Washington. A company in Washington imported the product from China. Upon arriving at home, I decided to enjoy a can of the fruit. The first couple of bites, I thought it tasted peculiar, but didn't pay much attention, until I took a third spoonful and discovered something odd in my mouth. At the same time I tasted a strong taste of tobacco. I immediately spit out a used Cigarette Butt and some tobacco. I immediately brushed my teeth and rinsed my mouth out. Later, that night I woke up with a splitting headache and my lips were burning. This being on weekend, I reported the incident to USDA Monday. They took a report and assured me that any contaminants in the products would be sterilized due to the canning process. Approximately six weeks have gone by and I�m still experiencing headaches and on occasion an upset stomach pain. I've been to my Dr. and he has not found anything wrong. I turned over the product and contaminates to the importers insurance company. I'm not out to sue the pants off the responsible party, but I feel I am entitled to some compensation, over an above my medical bills. What do you suggest?


Asked on 8/03/05, 1:08 am

1 Answer from Attorneys
Daniel Meek Daniel W. Meek

Re: I discoverd I had just consumed part of a can of fruit that contained a Ciga

I suggest that you should have consulted an attorney earlier. Now you have turned over the evidence to the opposition's insurance company, which is the same as the opposition. If you had retained it, you might have been able to show the diffusion of tobacco residue in the fruit, indicating that the butt was placed into the fruit quite some time in the past (and not by you 2 minutes before you ate it).

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Answered on 8/03/05, 6:27 pm


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