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chef boyrdee

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just_bad_luck

Junior Member
What is the name of your state (only U.S. law)?florida I was feeding my three children a can of beefaronnie and as they are eating there was metal all thrugh it.I stop them from eating and then i called them and all they can say was there sorry and try to give me cupons. what can i do what if my can was not the only one.
 
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sandyclaus

Senior Member
What is the name of your state (only U.S. law)?florida I was feeding my three children a can of beefaronnie and as they are eating there was metal all thrugh it.I stop them from eating and then i called them and all they can say was there sorry and try to give me cupons. what can i do what if my can was not the only one.

When you say "there was metal all through it", what kind of metal are we talking about? It may well have been metal shavings from using the can opener. If that's the case, then YOU caused the metal to fall into the beefaroni, and YOU can't blame the company for that.

Were you able to catch the metal in the food BEFORE your children ate any of it? If they ate any of the contaminated food, you need to get them to a doctor to ensure that it does not harm them. You will have to pay for the doctor's visit, of course, unless you can prove that the metal was in the sealed can before you opened it.

If there was no damage, then you are lucky that the company offered you coupons, as they would not be obligated to do anything. No damage means no expenses, and most definitely NO LAWSUIT LOTTERY. You can't make them pay you for what MIGHT have happened.
 

just_bad_luck

Junior Member
feedback

the metal came from in the can not from my side.yes the kids ate it and my middle child was complaing hes belly hurt but days later.So i gave her meds and she felt better day later.i still have the can.Science would tell if it was my doing or machines work.
 

Zigner

Senior Member, Non-Attorney
the metal came from in the can not from my side.yes the kids ate it and my middle child was complaing hes belly hurt but days later.So i gave her meds and she felt better day later.i still have the can.Science would tell if it was my doing or machines work.

If your child ingested a metal strip, medicine wouldn't help. If your child ingested a metal strip, it wouldn't take several days for it to hurt.

Thanks for playing - try again next time.
 

sandyclaus

Senior Member
the metal came from in the can not from my side.yes the kids ate it and my middle child was complaing hes belly hurt but days later.So i gave her meds and she felt better day later.i still have the can.Science would tell if it was my doing or machines work.

Seriously, if your kids were seriously injured by metal shavings from the can, they would have experienced much worse than a tummy ache. Bleeding comes to mind, from anywhere along the digestive tract. But either they did not eat the metal, or it wasn't sufficient to harm them much worse than a tummy ache, because whatever meds you gave her seemed to do the trick.

And what do you mean "Science would tell if it was your doing or machines work"? Metal shavings from your can opener might or might not look differently than other metal that fell into the product on the production line. And just having the can itself is meaningless. The company could argue YOU put something into it now that makes it look like something they were responsible for.

The bottom line is that your children weren't injured by what happened (and thank goodness for that!). Since there was no injury, you have no damages. No damages means that you are lucky to get those coupons from the company, because you are NOT going to see anything else - no matter what you might think or expect.
 

swalsh411

Senior Member
How much was the bill when you saw the doctor?

Oh wait? You didn't see a doctor? Well it must not have been that bad then.

Also, quit feeding your kids crap.
 

Mass_Shyster

Senior Member
Under Products Liability, the manufacturer is strictly liable for any and all personal injuries caused by their defective product. Since your child received no medical treatment, there are no measueable personal injuries, thus no recovery under Products Liability.

Under the UCC, the manudfacturer breached the implied warranty of merchantibility, and is liable for the price you paid for the defective goods. My understanding is that their offer of "cupons" will cover that.
 
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