Legal Question in Legal Ethics in New Mexico

nugget that bites back

I bought chicken nuggets for my four year old. She got full and gave me the rest. When I went to eat the nugget I bite into a bone. I examined the nugget and found a large bone in the nugget. I dont think my tooth broke but it hurt severly.

My concern is for my child and other children because she would have choked or been hurt from a bone this large. We where driving and if something had happened to her it would have been very dangerous because she was in the backseat.

What responsibilty does this well known fast food chain have to me and other consumers?


Asked on 1/28/03, 4:00 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: nugget that bites back

Food purveyors are absolutely responsible in the law for the wholesomeness of the products they sell. People who are injured by a food product are entitled to recover their losses which are as a result of an unwholesome food product. That means actual damages such as medical bills, etc. There is no provision in the law for recovery for what might or could have happened.

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Answered on 1/28/03, 4:17 pm


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