If I purchased a chocolate cordial and when I began to chew I found something sharp in it and it cut me, do I have a claim?
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If I purchased a chocolate cordial and when I began to chew I found something sharp in it and it cut me, do I have a claim?
It cut the roof of my mouth and my tongue a little. This has never happened before and it is strange to me because it is not the type of candy that is easily tampered with because of the liquid filling.
Asked on April 28, 2013 under Personal Injury, Maryland
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You would have claims against the manufacturer of the candy and against the seller (store where you purchased the candy). You should contact their insurance carriers and notify them of your personal injury claims as soon as possible.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and if applicable, documentation of any wage loss. Your personal injury claim filed with the insurance carriers for the manufacturer and store should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement. If the case is settled with both the insurance carriers for the manufacturer and seller, NO lawsuit is filed. If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit. Your lawsuit would have two separate causes of action (claims); one cause of action for negligence and the other cause of action for strict liability.
Negligence is the failure to exercise due care (that degree of care exercised by a reasonable manufacturer to produce a product that is not defective).
Strict liability is liability whether or not due care was exercised.
Both the manufacturer and seller are liable for both negligence and strict liability. The store is liable even if it could not have known that the product was defective.
If you settle the case with the insurance carrier for one party (manufacturer or seller), but not both parties, only name the party with whom the case has not settled as a defendant in your lawsuit. If you don't settle the case with either party's insurance carrier, then name both the manufacturer and seller as defendants in your lawsuit. If you settle the case with the insurance carriers for both the manufacturer and seller, NO lawsuit is filed.
If the case is NOT settled, you will need to file your lawsuit for negligence and strict liability prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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