What to do if I recently purchased a prepackaged donut and upon eating it discovered a band-aid inside?

I have called company and they have called back several times insisting I send it to them. They’re having a high ranking official in their company contact me as to where I send it to them.

Asked on January 9, 2013 under Personal Injury, Florida

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are considering filing a lawsuit, you may want to contact a products liability attorney first.  In the alternative, take pictures and document the event before handing anything over.  Once you send the product to them, they will then have all the evidence that you would have needed in a products liability suit (in the event that you decided to pursue one).  Some people have no interest in a suit when they find foreign objects in their food items-- they simply want a refund and want the company to know that they have an issue.  If this is your mindset, then go ahead and send the product to them so that they can take corrective action.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I understand your concern. You should save the donut by placing it in a zip lock bag and place such in the freezer. From there wait until you have a company representative contact you after you have spoken to a consumer law attorney as to what legal options if any you may have as to the matter.


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