Found Metal Slivers in Bread...

by Nakia
(Niagara Falls, NY)

I was with my family shopping at a supermarket and we decided to have a sub from the deli. I was nearly finished with my sub when I found shreds of metal baked into the sub roll. They were the size of slivers.

I am about 5 months pregnant and I was worried that it could do harm of some sort to my baby, now or in the future if I had ingested any of them. It's at least highly likely. I also got a little cut in my mouth but it was nothing serious.

I spoke to the manager and they took the sub and wrote an incident report. They told me I would hear from the corporate office by phone within a few days but they never called. Although they did send an apology letter and acknowledged the findings of the metal along with a $10 off coupon for the deli.

Is there a case here? This happened about a week ago and I did not seek medical attention at the time.

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ANSWER for "Found Metal Slivers in Bread...":

Nakia (Niagara Falls, NY):

In a word... no. Absent some verifiable and medically documented injuries you do not have a case against the restaurant. Thankfully you didn't ingest the metal slivers. Even if you had the likelihood of you or your infant having suffered medical injuries is remote.

If at or about the time you were served the food with the metal slivers you went to a local medical clinic or emergency room and there, after being examined learned you or your infant suffered some injuries, you may have had the geneses of a personal injury claim.

Your failure to seek medical attention, either at the time of the incident or through the writing of your question, substantially reduces the probability of prevailing in a personal injury claim.

If you are still waiting for the restaurant's owners to call you, don't hold your breath. You have probably reached the limit of their benevolence when they offered you a $10.00 coupon.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.


Best of luck,

Law Guy