Smithfield, NC asked in Civil Litigation and Products Liability for North Carolina

Q: I was eating porkskins from a well known company,I "choked on a piece of bone cut the roof of my mouth,cut my tongue

and got a piece stuck in my tonsil that was removed by MD.The company stated to me there is no way what was in the bag was a "bone"So I had UNC Hosp. do a exam and Yes it was a "bone" I had a large and small piece.The company wants me to settle for 500$ since my injuries were not "bad"they say and they are now trying to make me believe that the accountability lays with the company that sent them the unpopped product,because the rep. says They have no way to find objects when they cook them.So I asked why there is no warning on the bag that it may contain sharp or harmful objects,the company reply was because this has never happened before its so random "we can't believe it" Is there any other value in my claim other than injury,I was looking at the Tort LAW,product liability law and this claim seems to fit,whatt is your thoughts

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Products Liability Lawyer
  • Wyomissing, PA

A: check with a couple of members of the NC Assn for Justice--they give free consults. The company may be right--that the problem is with their supplier--but it's their supplier. The law says there is a high degree of responsibility--strict liability --for food. It's on them. They should be proud to do right by their customers. Get the medical bills-=if covered by insurance, medicare, M.A., those all have a right to be repaid and must be included (and you must pay them if you get money for those bills).

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