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Tainted Popsicle

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illinois: my 2 year old daughter choked on a popsicle that was full of broken wood pieces. She was not physically harmed but has suffered much stress and fears related to eating as a result. The popsicle manufacturer sent their insurance rep to take pictures of the tainted product. I was told that I would receive $100 from them (as a gesture of good will) only if I signed a waiver within 10 days. Do I have any grounds to sue them? Or, should I persue small claims court? What are my rights?


My Two Cents Worth

Hello pertie

In my opinion, you do have a cause of action. I would highly suggest you speak with at least two attorneys within this field of practice and draw your own opinion pertaining to pursuing a course of action.

This case is worthy and may take some time to resolve, but in my opinion, the company's token is out of line.

I do not suggest nor is it in your best interests for you to sign anything without having the terms of that agreement read over by an attorney. You could be risking your rights away forever.

They least the company could due is offer to pay the costs involved with your daughter seeing a medical professional for resolving the fear issue.

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