Bit into plastic in a muffin...

by Megan
(New York)

I purchased some muffins from a grocery store and as I was eating the muffin I bit into a hard foreign object. I took it out of my mouth and saw it was a hard plastic ball. I'm not sure if it was made from chemicals or what. I've been getting sore throats and feeling unwell lately, and I'm not sure if it's related.

The company wants me to send the evidence to them. I doubt I even have a case, but is there anything they can do to compensate me for this issue? If I send them the evidence, then I won't have anything to prove what happened? Currently I still have the ball. Also, how can I prove if my sore throats and feeling unwell is due to this? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Bit into plastic in a muffin...":

Megan (New York):

Before proceeding with a claim against the grocery store, you must be able to prove you were injured. Legally, this is referred to as your "burden of proof."

Fortunately, from the facts you present there doesn't seem to be immediate evidence of serious injury. However, that doesn't discount the possibility your sore throat and feeling of un-wellness may be related to the ball.

Be sure to seek immediate medical treatment. Bring along the ball. Your doctor may have the ball tested for toxicity. Your doctor may also order further medical tests. In any event, your doctor will likely be able to tell you if your maladies are related to the plastic ball.

If your doctor believes the ball was toxic, and as a direct result of the toxicity you were unduly harmed, you may have the basis of a viable personal injury claim against the grocery store. In the alternative, if there is no evidence of toxicity, you will not have the basis of an injury claim.

In the event your maladies are a result of toxicity, seek the counsel of a personal injury attorney. Most won't charge for an initial office consultation.

At this point, there doesn't seem to be any reason for you to send the ball back to the company. If you end up seeking legal representation, your attorney will advise you whether or not he or she wants to make the ball available to the company.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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