QUESTION: My boyfriend just bought a sub from the deli at El Ray Grocery store. I took a bite out of it and something split my lip open. It bled for almost 5 minutes! Can I sue them for this? When I called them, they said “Yeah, something could’ve fallen into the bread. Come in for an incident report and bring the sub for a refund.” Can I sue El Ray Gorcery? ANSWER: Providers of contaminated (“adulterated”) food may be liable on product liability and breach of warranty theories if.
QUESTION: Can I hold Burger King responsible for serving a sandwich with a piece of glass in it? ANSWER: It is the duty of manufacturers and other product liability defendants to provide a defect-free product to the consumers. In the case of food products, any substance that is foreign to the food (i.e. not part of the natural process of making the food such as a piece of glass or wire) is considered as a “defect” due to the consumer’s expectations that such materials would be incorporated in the product.
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