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Austin, TX 78756-1415
I found a piece of metal in my food. Can I sue the food company for selling a defective product?
This is a tough one. Should there be metal in your food? Absolutely not. But did the metal hurt you? That will be the bottom line in your Austin defective product case.
If you find metal in your food and you do not chew/swallow/digest it in any way, you probably don't have much of a case. Unfortunately, arguing about what could have happened if you ate the metal doesn't hold up in a court of law. Yes, it's disgusting and dangerous to have metal in your food, but if you didn't get hurt, there aren't really any damages to claim.
If you did eat the metal and were hurt because it broke your tooth or even went through your system, you probably do have a defective product suit on your hands. There's no reason why you should have to pay for medical treatment when it was the food company's negligence that caused the injury.
Upon finding metal (or anything else foreign) in your food, call a lawyer immediately (after you've received medical treatment—health comes first!). Your first consultation with Straight Law is completely free, so you'll be able to speak with an experienced attorney, and they will let you know if you have a real case on your hands. Make sure your bring in the food and any leftover metal. If the lawyer determines that there's not much you can do legally, try to at least call the company to see if you can get your money back. It's frustrating that they can't be held accountable if you're not hurt, but it is the reality of the situation.
If you have been injured by a foreign object in your food, contact Straight Law for a free consultation at 512-454-1331.