What should I do about glass in cookie dough?
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What should I do about glass in cookie dough?
I found glass in my nesquik cookie
dough. I contacted their company
Facebook page and their site. Their
Facebook page replied making me test it
if it’s sugar which it is not. I didn’t
get cut in my mouth but my stomach been
hurting and nesquik has stopped
replying to me on facebook.
Asked on September 10, 2016 under Personal Injury, Indiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You will need to document your personal injury claim with medical treatment for your stomach. Without medical treatment, you won't have a case.
Both the manufacturer of the cookie dough and the store where you purchased it are liable for your injury. The store is liable even if it could not have known the cookie dough contained glass.
Prior to filing a lawsuit against the manufacturer and the store for negligence and strict liability, it may be possible to settle the case with the insurance carriers for both the manufacturer and store. Notify those insurance carriers in writing of your personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and if applicable, documentation of wage loss. Your personal injury claim filed with the insurance carriers for the manufacturer and store should include those 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 parties insurance carriers (manufacturer and store), NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence and strict liability against the manufacturer and store. If the case is settled with one, but not both parties, only name the party with whom the case has NOT settled as a defendant in your lawsuit.
Negligence on the part of the manufacturer is the duty to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
As discussed above, both the manufacturer and store are liable. The store is liable even if it could not have known the cookie dough contained glass.
If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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 AttorneyPages.com 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.