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: FindLaw's Common LawRazor in Ice Cream: Texas Woman Cuts Lip on Walmart Dessert
When it's ice cream time, it's ice cream time. If anyone gets between mouth and spoon, there's hell to pay. Luckily for Walmart, they might not have to meet this fate.
Engaging in the age-old tradition of a Saturday night pint (and a movie), Stephanie Granger of East Texas was rudely interrupted--by a razor in the ice cream. The woman was digging into her Peanut Butter Stars--a Great Value brand of Walmart ice cream--when she hit the coveted chocolate layer. As she began to savor the gooey treat, KLTV reports that she bit into something sharp, cutting her lip.
Stephanie Granger had indulged in the Walmart ice cream before, but had never had a problem with its contents. At first, the station reports, she thought it was tinfoil, but on closer inspection realized that her ice cream had maimed her with a broken razor blade.
Upon finding a razor in ice cream (or any other foreign object for that matter), you may feel that you are entitled to compensation for the unwanted diet advice. If the food is packaged, it's possible to file a products liability case, since it was unsafe for use. It might also be possible to file an ordinary negligence claim, as a razor in ice cream can only mean that something went awry.
However, just because there's something in your food, doesn't mean you legally deserve more than a new meal. Both of these claims require that you were somehow injured. So unless you were emotionally scarred for life or cut your lip, a coupon and an apology are all you're likely to get.
However, for Stephanie Granger, an apology was not the right response. Even though she doesn't plan to sue, KLTV reports that she felt that it was important for Walmart to investigate how the razor in ice cream situation came to be. The company's initial response? "I'm sorry, I hope your day gets better."
Related Resources:
- Texas woman claims she found razor blade in peanut butter ice cream (KENS 5)
- Woman Bites Into Razor In Walmart Brand Ice Cream (The Consumerist)
- Products Liability (FindLaw)
Full post as published by FindLaw's Common Law on February 11, 2011 (boomark / email).
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