Plastic in food...

[Allinjen]

What is the name of your state (only U.S. law)? California
I have some questions...
I bought some lunch meat from Vons deli on Friday. Last night I made my Husband a sandwich w/ it. When I made it I did not realize it still had the plastic wrapped on it. My Husband choked on the long pieces of plastic. It was horrible! It look liked they never took the wrapper off the Roast Beef and cut it w/ it on there. After it happened I looked through the bag and it is on all the pieces of meat. It is hard to see since the meat is cut so thin and the plastic clear.
I just want some advice on what to do and who to call!

Thank You.

 

[las365]

Take the plastic off of the meat. Call the store deli and tell them they should remove the plastic before they slice the meat.

 

[ecmst12]

I think your husband should sue you for negligent sandwich making.

 

[WASI@Law101]

Prove others negligence to have a case

You should try to exercise caution next time. We don't want to jump into conclusion that you can just sue anybody who got hold of that meat and left it with the plastic still on. You may opt to exercise your right to sue if you could prove that it was somebody else's negligence that your husband accidentally chew plastic - not your own negligence. However, if you can establish that the plastic is in a place where it is not expected to be found, you may have a case.

 

[Zigner]

You should try to exercise caution next time. We don't want to jump into conclusion that you can just sue anybody who got hold of that meat and left it with the plastic still on. You may opt to exercise your right to sue if you could prove that it was somebody else's negligence that your husband accidentally chew plastic - not your own negligence. However, if you can establish that the plastic is in a place where it is not expected to be found, you may have a case.

A case for WHAT?

There were no damages (even if he chewed on the plastic).

 

[WASI@Law101]

hi zigner!

if you found plastic on your baby's milk - a place where plastic is definitely not expected to be found - would you rather not be wary how in the world does the plastic gets in there?

would you rather not be wary of lead poisoning? does that not constitute breach of warranty, among others? following your argument, would you wait for damages, i.e. your baby suffered injuries, or worse dies, to know you have a case? i don't think so.

that, i hope, answers your question - notwithstanding that i know for a fact that you weren't really waiting to be answered but to engage in online debate cum altercation of words or whatever you may want to call it.

have a good day!

 

[VeronicaLodge]

damages is an element of the cause of action. without damages you have no case. yes you have to wait for damages.

 

[Zigner]

hi zigner!

if you found plastic on your baby's milk - a place where plastic is definitely not expected to be found - would you rather not be wary how in the world does the plastic gets in there?

would you rather not be wary of lead poisoning? does that not constitute breach of warranty, among others? following your argument, would you wait for damages, i.e. your baby suffered injuries, or worse dies, to know you have a case? i don't think so.

that, i hope, answers your question - notwithstanding that i know for a fact that you weren't really waiting to be answered but to engage in online debate cum altercation of words or whatever you may want to call it.

have a good day!

Wow - but the question still remains (rhetorical or not) - A CASE FOR WHAT?

 

[WASI@Law101]

Damages 101

you may want to know that damage per se and damage, or more precisely legal injury, under the law, are two different concepts.

if you see wrongful death as the "damage", then no, you don't have to wait for that "damage" to come to have a case. injuries are enough.

following the hypothetical illustration, wouldn't breach of warranty enough to constitute a case? i.e. that the product is fit for human consumption.

i wouldn't push through with this purely academic discussion. if you don't see you have a case when you found something on your, back to example, milk - and swallowed it and God only knows what happened to you - then good for you. you help the courts lessen their dockets.

if you have no problem with that, that's your call. in the first place, i didn't tell the original poster of the question to sue. besides, isn't it the lawyer's job to produce something out of nothing? that is, if you know what i mean. but i doubt it.

ciao!

 

[las365]

isn't it the lawyer's job to produce something out of nothing?

No. No, it is not.

 

[ekeak]

No. No, it is not.

It can be. If you him/her enough it can be.

 

[seniorjudge]

It can be. If you him/her enough it can be.

Interesting.

What was the verb you left out?

I can think of a few.