Wire in a Milk_bone product

[rjy1206]

What is the name of your state (only U.S. law)? Arizona

I recently purchased a 19 oz box of Milk-Bone to feed my 90lb Golden Retreiver, Maggie. I emptied the box of treats into a cannister which I use to pull out a treat as needed. About a week ago I pulled out a treat and decided to break it in half insted of giving Maggie a whole one which I typically do. When I broke the Milk-Bone in half I found baked in the middle of the biscuit a piece of wire about 1-1/4" long and the diameter of a paper clip.

I contacted Del Monte Foods and sent them digital pictures of the tainted biscuit. Del Monte asked that I send them the actual defective biscuit and would send me an envelope to do so. Well, a week later the envelope showed up with an apology letter and three (3) coupons for free Milk-Bones products at $3.29 each or $9.87 total.

I'm concerned that Del Monte is not considering the possible consequences that may have happened had I given my dog the entire bone which I typically do. My dog would not have been able to pass this wire and it probably would have lodged somewhere in her stomach or her intestine causing severe medical damages or possible death. I truly believe the liability factor against Del Monte Foods is more than $9.87.

Could someone please, give me an idea of what I should do. I don't want to send the tainted Milk-Bone to Del Monte because then I have lost my proof of failure on their part. Should I accept their coupons and go on with life, although I won't ever buy a Milk-Bone product again or should I seek legal cousel and move forward with an attorneys advice ??

Thanks much,

Bob

[Roo]

What-if's generally don't carry much weight.
Del Monte wants the product back so they can try to figure out what happened, not squash your 'proof'.
Take the coupons (or not) and move on.

[wyett717]

You cannot assume that's what would've happened if the dog had eaten the bone; therefore you have nothing to stand on. Had your dog actually suffered some type of injury, it would be a different story.

Consider yourself and Maggie lucky that you found it in time. You did the right thing by contacting the company. Accept their apology and do them a favor by sending them the bone so they can make sure it doesn't happen again.

[justalayman]

Originally Posted by rjy1206

Should I accept their coupons and go on with life, although I won't ever buy a Milk-Bone product again or should I seek legal cousel and move forward with an attorneys advice ??

Thanks much,

Bob

well, the way I see it, you can accept their offer, suggest one of your own or hire an attorney to fight for that $9.87.

There was no physical injury. The dog suffered no mental anguish (non-compensable even if you could prove it anyway) so your damages are the value of the one biscuit. Sounds like you are making a killing on the deal if you take it and run.

Personally, and not that I am accusing you of anything, but you breaking, the most likely, one and only biscuit that had a wire in it, is just an amazing coincidence.

Dogs are typically regarded merely as property so the most you would ever get is the value of the dog or the costs or treatment, if anything had actually happened anyway.

Take the coupons, or since you stated you would not purchase their product again, send the coupons back to them with a letter telling them as much. Suggest they send the coupons to a dog shelter that may have use for them and be done with it.