Can you sue a company for foreign obect in food?

UPDATED: Oct 1, 2022

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Can you sue a company for foreign obect in food?

I just bought a tuna salad sandwich. About a quarter into the sandwich I pulled a bread tie from my mouth, which had fallen into the sandwich while it was made. I received a refund for the sandwich but I still feel that I could have choked, suffered serious complications, lost time from work, etc. They are very lucky I was able to detect it but I still feel that they need to take this more seriously. I was lucky as I mentioned. I just don’t want it to happen to another customer. I am not happy with the sroe; they lost a customer because of someone’s negligence.

Asked on July 16, 2018 under Personal Injury, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It would not be worth filing a lawsuit in this matter because you were not injured even though the company's employee was negligent.
In order to have a personal injury case, the injury must be documented with medical treatment.
If you had been injured and received medical treatment, you would have a personal injury claim.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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