What approach should I take

[mwallace]

NY State

There is a large private company based in upstate NY that places their label on many products in their grocery store chain.

Today we discovered a 3/4 inch machine washer at the bottom of our half gallon of store-labeled apple cider.

Here are the circumstances: We served it to ourselves and 2 children. The taste was poor. Later we began pouring it again and noted something sliding around. This was likely not noticed prior because the plastic bottle was mostly full, absorbing any noise it would have made.

The main dangers encountered were the contaminants to the cider, and the possibility that someone could have ingested this. The main issue is a breach in quality control.

I have little money or free time to deal with lawsuits. What would be a good approach here? The company obviously would not want this information getting out, but I would not want merely a lip-service apology with a replacement half-gallon.

Please advise. Thank you.

[cyjeff]

Originally Posted by mwallace

NY State

There is a large private company based in upstate NY that places their label on many products in their grocery store chain.

Today we discovered a 3/4 inch machine washer at the bottom of our half gallon of store-labeled apple cider.

Here are the circumstances: We served it to ourselves and 2 children. The taste was poor. Later we began pouring it again and noted something sliding around. This was likely not noticed prior because the plastic bottle was mostly full, absorbing any noise it would have made.

The main dangers encountered were the contaminants to the cider, and the possibility that someone could have ingested this. The main issue is a breach in quality control.

I have little money or free time to deal with lawsuits. What would be a good approach here? The company obviously would not want this information getting out, but I would not want merely a lip-service apology with a replacement half-gallon.

Please advise. Thank you.

Uh huh.

So what, exactly, are your monetary damages from this incident.. in dollars.

The company's liability, typically, is limited to an apology and a replacement half-gallon.

You didn't win the lottery.

[ecmst12]

You don't get compensation because of what COULD have happened. Every day I leave my house, I COULD be damaged. I see someone pull a boneheaded move on the highway that COULD have caused an accident. There's ice on the sidewalk that I COULD slip on. I COULD get electrocuted by my computer. The list goes on. Doesn't mean I can sue unless something ACTUALLY happens to me!

Compensation is for damages that you ACTUALLY receive. No damages, no case.

[mwallace]

I think I have some leverage for exposing a quality control issue. This shouldn't happen, and it would have been really serious if someone choked.

I want a $100 store gift card to compensate for any visits to the pediatrician in the next week, and for my agreement to not make further issue out of it.

There's a news team here that loves to expose ridiculous things, and I bet they'd get a kick out of this if they could assemble a few more incidents to make a story.

So how much, in dollars, do you think it's worth to the company to make this go away before they close at 6:00 for the holidays.

[cyjeff]

Originally Posted by mwallace

I think I have some leverage for exposing a quality control issue. This shouldn't happen, and it would have been really serious if someone choked.

I want a $100 store gift card to compensate for any visits to the pediatrician in the next week, and for my agreement to not make further issue out of it.

There's a news team here that loves to expose ridiculous things, and I bet they'd get a kick out of this if they could assemble a few more incidents to make a story.

So how much, in dollars, do you think it's worth to the company to make this go away before they close at 6:00 for the holidays.

Roughly... an apology and a half gallon container of apple juice.

You, of course, are welcome to contact your local news crew.

Do you have ANY idea how many "I found X in my Y" letters they get... a WEEK?

[mwallace]

So the company is going to replace the juice and welcome me to take it to the news.

Great, this sounds like fun. Maybe they can get in there and interview the distribution center to explain where exactly in the process this could happen. People love exposes.

[TimStudiesLaw]

Originally Posted by mwallace

I think I have some leverage for exposing a quality control issue.

Errors occur, that's why tolerances are established.

Originally Posted by mwallace

This shouldn't happen, and it would have been really serious if someone choked.

No. No it shouldn't happen, but nobody DID choke, so who cares. If worms had guns, birds wouldn't screw with them.

Originally Posted by mwallace

I want a $100 store gift card to compensate for any visits to the pediatrician in the next week, and for my agreement to not make further issue out of it.

That's a little more than the price of the cider, don't hold your breath.

Originally Posted by mwallace

There's a news team here that loves to expose ridiculous things, and I bet they'd get a kick out of this if they could assemble a few more incidents to make a story.

I'm sure you will amuse them.

Originally Posted by mwallace

So how much, in dollars, do you think it's worth to the company to make this go away before they close at 6:00 for the holidays.

So what you're really saying is you want someone else to pay for your Christmas dinner. I'm sure you can find a free meal at a local shelter if that's the real objective.

Get over it.

[ecmst12]

One harmless defect (since you received no damages) in one bottle of juice does not indicate a 'major quality control issue'.

If you are very lucky, they won't laugh hysterically before offering you your money back. The idea of taking your kid to the doctor for this when there are no symptoms present is also absurd. The juice is pasteurized AFTER bottling anyway so any germs that may have been on the washer are dead before it leaves the factory.

[cyjeff]

Originally Posted by mwallace

So the company is going to replace the juice and welcome me to take it to the news.

Great, this sounds like fun. Maybe they can get in there and interview the distribution center to explain where exactly in the process this could happen. People love exposes.

Good luck.

Let us know when it is on.

Of course, be prepared to also explain two things...
one... how you managed to drink a full half gallon of apple juice without noticing it, and
two... how you can prove you didn't put the nut there yourself.

Uh oh... didn't think about that, right?

[mwallace]

I see what's going on here. You're all just being mean to me because I'm a Lesbian! Well, you know what? My friend works for a lawyer, so I'm going to get him to sue this company.



Hope this rounds out your story of the complete idiot who posted on a message board.

At holiday dinner, you can now comment "you won't believe what some people think they're entitled to..." and the relatives can have a good laugh.

[seniorjudge]

Originally Posted by mwallace

I see what's going on here. You're all just being mean to me because I'm a Lesbian! Well, you know what? My friend works for a lawyer, so I'm going to get him to sue this company.



Hope this rounds out your story of the complete idiot who posted on a message board.

At holiday dinner, you can now comment "you won't believe what some people think they're entitled to..." and the relatives can have a good laugh.

Oh ... brother ...

[ecmst12]

You've got to be kidding me. No one even knew you were a lesbian until your last post, and I bet no one cares. I have no problem with lesbians and I support marriage rights for everyone. What I have a problem with is idiots - and apparently those come in all shapes, sizes, colors, and orientations.

[seniorjudge]

Originally Posted by ecmst12

You've got to be kidding me. No one even knew you were a lesbian until your last post, and I bet no one cares. I have no problem with lesbians and I support marriage rights for everyone. What I have a problem with is idiots - and apparently those come in all shapes, sizes, colors, and orientations.

Hear, hear, Sister!

[You Are Guilty]

Ah, no wonder my lesbian radar went off.

Anyway, in a really weird coincidence, earlier today, I found a partially crushed apple in the bottom of my bucket of washers. Do you know what could have happened if I didn't notice it in time and actually used the crushed apple in place of a washer? My whole house could have collapsed. How many dollars, in millions, is a case like this worth? (My house has recently been appraised at $2.97. It's the nicest Frigidaire box under the bridge).

[Antigone*of*Greece]

Originally Posted by mwallace

I see what's going on here. You're all just being mean to me because I'm a Lesbian! Well, you know what? My friend works for a lawyer, so I'm going to get him to sue this company.



Hope this rounds out your story of the complete idiot who posted on a message board.

At holiday dinner, you can now comment "you won't believe what some people think they're entitled to..." and the relatives can have a good laugh.

You know, my crystal ball was telling me that you're a lesbian, but I told it to stop lying to me. Well good old CB of mine, I shall never doubt you again