Visitor Question

Fingernail in my ginger chew…

Submitted By: Sally (Los Angeles, CA)

I was eating a ginger chew and as I was chewing I bit into something sharp. I swallowed some and spit some out. It was a fingernail. I still have it in my freezer. I vomited for 5 days and needed to take anti-anxiety medication to be able to swallow to stay hydrated.

The company is a US company although the candy is manufactured in Indonesia. What is an appropriate amount of money to ask the manufacturer for compensation? I posted my complaint on social media and the Sr Marketing VP called and asked me what I wanted. What are my options here? What can I ask for? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Sally,

You have limited options. While finding a fingernail in your ginger chew is abhorrent, you didn’t sustain any real injuries. While vomiting is certainly understandable, vomiting for 5 days and having to take anti-anxiety medication to be able to swallow to stay hydrated is by anyone’s measure, excessive.

While you may believe swallowing the fingernail is compensable, an insurance company may not entirely agree.

Unfortunately, we live in a litigious society, where people think finding a piece of glass in one’s food, or even a fingernail entitles them to financial compensation from the restaurant or it’s corporate owner. That’s just not the case.

It appears you didn’t incur any medical bills which might be reimbursed by the restaurant. Without medical bills, you are asking the company to compensate you for your vomiting and anxiety. That’s probably not going to happen. Even if the company were to agree to compensate you, they will likely offer a free meal and an apology and no more.

When they deny your claim, you will effectively have no option other than to sue the corporation. That would be practically impossible. Of course, you can consider suing the company in small claims court.

You can be confident you will not find an attorney to accept your case. The reasons are obvious, there’s virtually no likelihood of significant compensation.

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

Best of luck,

Published: May 17, 2016

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