Contaminated cereal

[Stellazz]

What is the name of your state? AL

What is the name of your state? AL

I don't know which forum to post this on so please excuse me if this is the wrong place and point me in the right direction....

My family bought some cereal that was contaminated with insects, insect feces, cocoons and webs. We had poured the cereal and had a few mouthfuls before we noticed all the junk in it (the cereal was one of the kinds that has all kinds of fruits and nuts in it so it was a little hard to see what was what). Three of us, including my toddler, suffered from digestive disorders for about 2 days, but no long lasting damage. We contacted the company, who punted us to the liability insurer. We sent the box to the cereal company and they confirmed that yes, it was full of disgusting stuff.

We are attemtpting to negotiate an appropriate monetary settlement with the company through the insurer. Of course, they want to offer a couple hundred and we had asked for several thousand. How can I determine what kind of precedent there is for these kinds of settlements? I found a link to a summary of Hagan v Coca Cola but that was the only case I found on line. I need to come up with a counter demand and want to be coming from a realistic and defensible position. Our alternative at this point is to sue pro se in district court for up to $10K per claim (total of three of us). We can't afford to hire an attorney right now.

thanks!

 

[You Are Guilty]

Interesting question. AFAIK, there are no sources readily available for free online or in your public library. However, you're not out of luck, you just need to travel a bit to your nearest Courthouse law library, where they should have something called the Alabama Jury Verdict & Settlement Reporter, or something close to it. It's not much of a secret what will be in there.

If you have access to Westlaw/Lexis, you can run an online search, but you'll need to buddy up to a lawyer or law school student if you don't have your own account.

However, based on my own experience here in plaintiff-happy NYC, you will not get anywhere near $30,000, or even $10,000. For the shock of eating some insect poopy and a day or two of the runs, I'd say somewhere around $500-$1,000 would be a reasonable range. (Heck, no one pays me anything when I eat at Taco Bell and I get the same symptoms you did).

You might be able to make that number go a little higher if, after negotiations, you institute a small claims suit, simply because it will end up costing them slightly more in attorney's fees, but don't expect a windfall either way.

But look at the bright side -- you now have a much better chance of winning if you ever go on Fear Factor!

 

[racer72]

At best, replacement of the defective product and payment for any medical expenses occured is all that the company is required liable for. The offer of a few hundred dollars is a lot more than they have to give.

 

[HomeGuru]

What is the name of your state? AL

What is the name of your state? AL

I don't know which forum to post this on so please excuse me if this is the wrong place and point me in the right direction....

My family bought some cereal that was contaminated with insects, insect feces, cocoons and webs. We had poured the cereal and had a few mouthfuls before we noticed all the junk in it (the cereal was one of the kinds that has all kinds of fruits and nuts in it so it was a little hard to see what was what). Three of us, including my toddler, suffered from digestive disorders for about 2 days, but no long lasting damage. We contacted the company, who punted us to the liability insurer. We sent the box to the cereal company and they confirmed that yes, it was full of disgusting stuff.

We are attemtpting to negotiate an appropriate monetary settlement with the company through the insurer. Of course, they want to offer a couple hundred and we had asked for several thousand. How can I determine what kind of precedent there is for these kinds of settlements? I found a link to a summary of Hagan v Coca Cola but that was the only case I found on line. I need to come up with a counter demand and want to be coming from a realistic and defensible position. Our alternative at this point is to sue pro se in district court for up to $10K per claim (total of three of us). We can't afford to hire an attorney right now.

thanks!

**A: thanks for the humor; $10K per claim.......

 

[TalulaRae]

Is there any chance you could drop the name of the cereal?? I think I would need counseling after that, some time off of work, new furniture, new spoons and bowls and a whole lot more.

Just kidding but that is really a gross experience.

 

[bisto]

Don't listen to them. I think you deserve atleat $100K and I will be your lawyer for half that ( upfront ).



P.S I have no legal experience.