Can we sue regarding a piece of a rubber glove found in a cake and that my grandmother choked on?
Question Details:
Purchased a cake from a bakery which had a piece of a rubber glove in it actually the entire piece of a finger. My 82 year old mother choked on it and my fiance rescued her. The bakery didn't seem that concerned and wants to send my mother a letter of apology and some free pastry. We only saw the owners wife and took them the evidence to prove what happened as they didn't believe us. Now the husband never showed his face and they now have the evidence and they never really seemed to upset over the fact that had my fiance and I not been there my mother could have died?
Personal Injury Law Answers
Let them send your mother the letter of apology. Then your mother will be able to use that as evidence to back up your story, and she can sue the bakery.
A case like this is different from something like a traffic accident, where negligence has to be proved. This is called a products liability case: you only have to prove that the defendant sold a product that was defective and unreasonably dangerous because of the defect. Foreign objects in food items are a classic example. And New Jersey was one of the very first states to recognize this kind of "strict liability" tort.
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