Visitor Question

Recourse after finding bird (or small mammal) bone in my cereal?

Submitted By: E (Manchester,MD)

I poured my Mini Wheats into a bowl and added milk and a banana. I started eating said bowl of cereal, and to my amazement, I had something in my mouth that wasn’t Mini-wheatish.

When I removed the item from my mouth, it looked like a blackened bird or rodent bone, which I saved. The object was bone shaped, black, and about 2″long. I called Kelloggs and they requested that I send the bone to them.

I’m very upset over this since I don’t know what I had in my mouth. I’m gagging just thinking about it. If I send them the object, I have no proof of ever having it once they get it. What should I do? 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 E,

Fortunately, you weren’t seriously injured. If the object had cut your mouth, tongue, or gums, or had otherwise caused you a more serious injury, you would likely have a legitimate personal injury claim against the Kellogg’s Corporation.

There is no doubt the event caused you serious gagging, anxiety and apprehension. Unfortunately, the same gagging, anxiety, and apprehension are not legally sufficient to form the basis of a civil injury claim or lawsuit against the corporation.

At most, you are entitled to an apology and possibly a coupon or two for the future purchase of mini-wheats or other Kellog’s products. Yet, even these entitlements aren’t legally required. At its lowest, Kellogg’s can ignore you and not even respond. They would be well within their legal rights to do so.

Barring an injury more serious then gagging, etc., you may have to chalk this one up to experience.

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: August 1, 2014

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Comments

One thought on “Recourse after finding bird (or small mammal) bone in my cereal?

  1. This was a false alarm. It wasn’t a bone, it was the stem of the Banana, which was black and looked a lot like a bird or small mammal bone.

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