Food something in food

HarrisonLennon

Ok guys, serious issue. My two yr old niece nearly choked on twine found in a yogurt.

I've reported this to the company in question, they want all the evidence to exam it in their lab.

What should I do first?
Is there some sort if Irish food safety board I need to report it to before I let the items go?
Is there a no win no fee lawyer who will take this on?

Any help would be appreciated

Pat Mustard

HarrisonLennon wrote: »

Ok guys, serious issue. My two yr old niece nearly choked on twine found in a yogurt.

I've reported this to the company in question, they want all the evidence to exam it in their lab.

What should I do first?
Is there some sort if Irish food safety board I need to report it to before I let the items go?
Is there a no win no fee lawyer who will take this on?

Any help would be appreciated

If you are contemplating legal action, then under no circumstances should you hand over the physical evidence at this stage - certainly not before you take legal advice.

Procrastastudy

I can't imagine it would be taken on no foal no fee as you've no/little damage. I am, of course, open to correction. I would also assume any money you would get out of it would be minimal and would barely cover legal expenses. Again this is the musings of a 2nd year law student with no practical experience.

I'd certainly be making sure there's no phobias developing... :pac:

MagicSean

Procrastastudy wrote: »

I can't imagine it would be taken on no foal no fee as you've no/little damage. I am, of course, open to correction. I would also assume any money you would get out of it would be minimal and would barely cover legal expenses. Again this is the musings of a 2nd year law student with no practical experience.

I'd certainly be making sure there's no phobias developing... :pac:

The kid could develop a fear of yogurts, maybe even all dairy products, and have to go through life with a calcium deficiency.

Op if you want to sue then keep the item and consult a solicitor. If you don't want to sue then send them a picture and tell them they can send someone out to look at it.

Procrastastudy

MagicSean wrote: »

The kid could develop a fear of yogurts, maybe even all dairy products, and have to go through life with a calcium deficiency.

Op if you want to sue then keep the item and consult a solicitor. If you don't want to sue then send them a picture and tell them they can send someone out to look at it.

You missed your calling MS.

MagicSean

Procrastastudy wrote: »

You missed your calling MS.

I still have options.

qz

What harm was suffered, exactly?

NoQuarter

qz wrote: »

What harm was suffered, exactly?

The yoghurt was ruined wasnt it!!!

coylemj

MagicSean wrote: »

The kid could develop a fear of yogurts, maybe even all dairy products, and have to go through life with a calcium deficiency.

I own shares in Glanbia/Danone/Dairygold (take your pick), can I be added to the case as a co-plaintiff?

ldxo15wus6fpgm

coylemj wrote: »

I own shares in Glanbia/Danone/Dairygold (take your pick), can I be added to the case as a co-plaintiff?

Interesting idea! I'm getting a strong feeling you can but I can't recall any such case.
Just one small problem with it that I can think of. You'd be (essentially, but not in law) suing yourself - you'd have to prove loss of value in your shares due to the company's negligent product production which tarnished the public image of the company, which in turn resulted in a drop in share prices. Keep reading.

If this guy doesn't bring a civil suit/make it public, there won't be any big hit to the share prices which could be obviously attributed to this incident. Therefore you've suffered no loss, except if you yourself brought the suit against the company and therefore making it public, and indirectly causing the damage to yourself.

What I'm trying to get at here is that it would be extremely difficult (impossible?) for you to bring the claim by yourself, if the guy who had the defective product itself didn't make a claim/publish anything in the media/do anything which effected the share price. If he doesn't make the claim, there's no damage - you've no claim. If you try and take the claim by yourself when he doesn't, you yourself are the one (indirectly!) causing the damage by making the issue majorly public and I'm not sure any judge would be too keen to award compensation to you, although you could just get a reduced sum, I'm not sure.

But basically what I'm saying is if you can't take the claim yourself I wouldn't have thought you would have the locus standi to bring a claim as a co-plaintiff. Can anyone comment/correct here?

MadsL

A moderately uncomfortable thing has happened to me, how do I get a million euros?

OP report it here http://www.fsai.ie/makeitbetter/

Procrastastudy

MadsL wrote: »

A moderately uncomfortable thing has happened to me, how do I get a million euros?

OP report it here http://www.fsai.ie/makeitbetter/

LOL - the mast patronising name for an on-line form ever.

McCrack

OP definately contact a solicitor, you yourself and/or your partner may develop anxiety symptoms and hypervigilance concerning your child's welfare.

All that is recoverable by way of compensation.

Nonoperational

McCrack wrote: »

OP definately contact a solicitor, you yourself and/or your partner may develop anxiety symptoms and hypervigilance concerning your child's welfare.

All that is recoverable by way of compensation.

Please please please tell me this is tongue in cheek? Please.

Pat Mustard

Nonoperational wrote: »

Please please please tell me this is tongue in cheek? Please.

If there is medical evidence of injury, the OP's daughter may have a personal injury action.

Nonoperational

What injury? It shouldn't have happened but thankfully no harm done. Anxiety and hyper-vigilance? Ah stop.

Pat Mustard

Nonoperational wrote: »

What injury? It shouldn't have happened but thankfully no harm done. Anxiety and hyper-vigilance? Ah stop.

I don't have a relevant medical report to hand, so I won't comment.

You don't have a medical report either. Your comments are based on guesswork.