We found a foreign object in “Oatmeal Cereal for Baby”product . My Boy has consumed 75% before we discovered it. My worry is it toxic/haz. Sue ?

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We found a foreign object in “Oatmeal Cereal for Baby”product . My Boy has consumed 75% before we discovered it. My worry is it toxic/haz. Sue ?

Asked on May 29, 2009 under Personal Injury, New Jersey

Answers:

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

Answered 11 years ago | Contributor

Product Liability is a complex area of law.  The New Jersey Product Liability Act recognizes three types of defects that are actionable in a product liability case: design defect, manufacturing defect and inadequate warnings or instructions. A defective product is defined to be one that is not reasonably fit, suitable or safe for its intended purpose.  The second facet to product liability, however, is that the defect caused injury.  I think a trip to the doctor is in order for whatever tests he or she would recommend to determine whether or not the foreign object caused an injury to your son.  If there is some injury, you may have a case, and you should contact a product liability attorney in your area.  If not, be grateful that he was not injured and certainly let the company know of its error.


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