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Foreign Objects In Food .

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dieseldick | 11:47 Mon 15th Jun 2015 | Law
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my daughter found an elastic band in her food ( samwhich , local producer ) she told me she choked a little on it, she is 6 years old. it was bought locally in a small supermarket.

my wife who is from thailand just threw it in the bin along with the samwhich. my daughter told me this today on our way to school. if it had of been me i would have taken it to a claims court or back to the shop though maybe it is not the shops fault.

what usually happens in these situations ? if i were to claim and send evidence into solicitor. people could choke to death on something like this so i feel it a serious enough isssue to claim.
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a child could choke to death on it so i wasnt happy about it . and if i wanted to claim to get money then surely i wouldnt need to ask on here, my fraudulent mind would allready know what to do so please dont insinuate that. begs the question if some madman was working in one of these factories and put a razor blade into a packet of crisps , what would happen in that case.

when i was younger in my teens some of my mates used to work in a food packing factory and some of the things they did just for laughs or if they had to work overtime or if one of them was short changed in his wages well i would not say on here what some of them did . so i know what goes on.
And someone could have choked on the sandwich itself!

If you aren't thinking of money why mention a claims court?

What usually happens? Product is returned to retailer, mucho apologies, and a small token of their appreciation for bringing it to their attention.

If I were to claim.... you cant, you have no actionable loss. There was no personal injury - she *could* have choked is not actionable. She didnt. Breach of contract perhaps for inedible sarnie = £1.99. And you have no evidence since your wife binned it.

Why does everyone want a big wad of cash for any little misdemeanor? It wont turn the clock back, how will it make things better?
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no !!! i do not want a big wad of cash !! no uuuum food companies should be held responsible for issues like these , if it were your child and she found a razor blade in her cornflakes and went to eat ir, uuum and dave50 what would you do ?


yes but she didn't have a razor blade in her cornflakes and she didn't eat it.
Well the first thing to cross my mind wouldn't be to take it to a solicitor. I'd take it back to the shop and expect them to deal with it.

You can't claim for things that 'might' have happened.
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great mother.
I am, thanks.

Sorry, but could you expand on that last comment DD?

I'm not sure who you are aiming it at but it is really quite nonsensical in the context of your thread.

It has been repeatedly stated that returning to the shop with the evidence is the route to take and that you have no basis for a claim as you cannot claim for 'might haves'. Barmaid, made it quite clear in her post where you stand on a claim, and let's face it she should know.
It was aimed at me, Eccles.
Despite rigorous checks, occasionally these things happen and have done to me in the past.

I have returned said item to retailer and received hearty apologies and explanations where applicable how it happened.

On two of the three occasions I was also awarded vouchers well above the cost of the item.


Had any injury taken place my method of complaint would have reflected that.
I am not sure how you can judge Ummmm's mothering skills - wasn't it your wife who binned the offending item?
The modern Blame and Claim culture coming to the fore here in places.

But I would certainly take it back to the shop, it might help catch a possible rogue somewhere in the manufacturing process.

Note: rogue = person or flawed process.
i dont think he is quite getting that you cannot claim for 'shoulda woulda coulda' situations
yes its horrible, but nothing actually happened - she did NOT choke - so you have nothing to claim for - you dont get compensated for possibly/maybes.

someone went past me in a car the other - missed me by inches - they COULD have hit me, but they didnt ... should i be able to sue them?

best you can hope for is some kind of voucher or freebie

i do agree its terrible and they need to be vigilant, i would also be furious - but a solicitor is not the answer
I have a friend who worked in the catering business all her life - these foreign objects do turn up in most catering facilities she said . Thank god she didnt choke - move on.

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