No liability for rodent leg in ice cream?

by Khaliah
(Katy, Texas)

Last year I bought some ice cream from a retail food chain and bit into what looked to be a leg of a rodent. I immediately took it back to the store and the manager and I both looked in amazement at it. This was 3/13 last year. I called to ask them if they found out what it was on 4/18/13 and was told to call back.

I called back on 6/13/13 and was told that the product was just being mailed back to the warehouse and that I needed to call back. I called again today (2/24/14) and was told that no one would be contacting me and if I wanted to get an attorney, I needed to have them send a letter to their address. They said that since I didn't get sick (thankfully) there wasn't much they can do.

My question is, why is that? It's wonderful that I didn't get sick and didn't need meds or medical care, but why is it that they don't have to be liable for me eating some type of rodent? What can or should I do? Thank you.

Visitor Question:
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ANSWER for "No liability for rodent leg in ice cream?":

Khaliah (Katy, Texas):

Unfortunately we live in a very litigious society. Many people believe if they sustained the slightest of injuries, or in your case, biting into what may have been a rodent, and the company responsible for manufacturing the product is a large one, that the affronted person has won the lottery.

At most, the company owes you an apology, and maybe some free ice cream. You would be best served by moving on with your life, and chalking this incident up to a bad experience. Under the facts you present, it is unlikely you'll be able to find a lawyer who will accept your case. There were no injuries, no medical bills, no out of pocket expenses, and little, if any pain and suffering.

Your only alternative is to file a small claims lawsuit. Doing so though, will likely be another waste of time. Moreover, if you do, the company’s lawyers will file a denial, and ask the court to have you pay their expenses for filing a frivolous lawsuit...and the court will likely agree. This could result in your having to pay hundreds, if not thousands of dollars in legal fees.

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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