Legal Question in Consumer Law in Kentucky

If a person find a foreign object in a package of food that isn't reasonably expected to be there, is there any way they can be compensated? A person found a fingernail in a box of cereal and didn't realize it until it was in their mouth. No physical damage occurred from this (chipped teeth, cuts, etc...) However, the person became ill temporarily due to the thought of a finger nail being in their mouth. The fingernail has been saved and dated with two eye witnesses. Is there any legal recourse available for this person?


Asked on 2/02/11, 4:12 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

Gross, but probably not the big money case you'd like. Call the company and see what they'll offer. Maybe you'll get some from free cereal out of it (if you can imagine ever eating it again). Maybe there's some attorney out there who could convince a jury this is the next McDonald's spilled coffee case, but I'm afraid my trial advocacy skills aren't at that level. I doubt most are.

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Answered on 2/08/11, 10:23 pm


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