Vertebrae in our Planters Nuts...

by Kim
(South Dakota)

My husband was sitting at home enjoying a healthy snack of Planters nuts when, ouch! He bit into a sharp object. With much talking and hesitation I took pictures of the object and finally did mail it in for analysis. This object was admitted by Planters Company to indeed be a rather large vermin bone.

They have written and admitted their negligence. What should my next step be? Is there a legal case here? Thank you for any information you can provide as this is a new experience for us.

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 "Vertebrae in our Planters Nuts...":

Kim (South Dakota):

While your husband's experience was indeed unfortunate, he was not injured. In order to have the basis of a valid personal injury claim, there must be a medically-verifiable injury and related costs of treatment. If your husband had been injured, he would have had a right to damages.

Damages are unique to every injury. They can include medical, dental and therapy bills (including diagnostic tests such as X-Rays, CT Scans, and MRIs), out of pocket expenses (for such items as medications, slings, crutches, wheelchairs, etc.), lost wages, and for pain and suffering.

Because your husband was not injured, he does not have a legal right to compensation from the Planters Company. At most, he might expect an apology and a coupon.

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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