Can I take legal action if I drank a beer and a dead cockroach went into my mouth?

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Can I take legal action if I drank a beer and a dead cockroach went into my mouth?

I opened a bottle of beer, halfway through I took a sip and a dead cockroach came out of the bottle into my mouth. I’ve contacted the brewery and the offered me a $12 check and are sending me a fed ex box to send them both the beer bottle and cockroach back in. Before I do I was wondering if I had any legal action that I can take?

Asked on May 11, 2011 under Personal Injury, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well here is the issue: what damage did the cockroach cause you. If you didn't eat the cockroach, then your damages are nominal and yes, the coverage via the check they gave you appears sufficient. If a cockroach is not outside the realm of possibility for this form of beer, then it is natural to the process. Here is where a lawyer stops talking to you and a health department or food and safety department official or investigator begins talking to you. File a complaint with the agency who handles such issues and see if this is going to spark an investigation or shut down of the brewery. You may not be privy to the investigation, but you have done your due diligence to ensure the product is clean for future consumers.


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