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What can I do regarding a Personal Consumer Injury?

Question by persephones_mind: What can I do regarding a Personal Consumer Injury?
December 3, 2008 I purchased a glass bottle of Arizona Green Tea, at a local Walgreen’s. If anyone is familiar with the bottles and how they
look, label and all, they know how tight the label is around the bottle
itself.

Well, as I was drinking the tea and swallowed something relatively
big. Not too big! Just big enough that it irritated my throat, and kind
of hurt a little to swallow thereafter.

I looked in the bottle, and noticed at the bottom of the bottle, there
were pieces of glass! Of course a few WTF’s came out, and put
the bottle up to the light of the sun to see where on earth the bottle
was broken at. And seen the spot that cracks also spidered from the
point of origin and out pretty big.

The way the label is on the bottle, there was absolutely no way of
telling there was any breaks at all when purchasing. The label wasn’t
even broken or torn or dented.

I called Walgreen’s and the Arizona bottling company. And went to
the E.R. after. The hosp[ital said they can usually see solid objects
inside of a person using the CAT, but glass is not always easy to
see.

The bottling company had their investigator call me, and wanted to
meet with me. I made sure to tell him and the company I was not
sending the bottle to them. Because that would be a stupid thing.
And we took pictures of it as well.

They wanted the investigator to get a copy of the hospital files. But
I asked him, “Shouldn’t I have a lawyer present if I am to meet with
you?” He said, “No. You do not even know what they are going to
offer you yet! If you do not like their offer, you can decide to get
a lawyer then.” So, I figured I’d see what happened.

The Arizona tea people told me that they were supposed to discontinue the glass tea bottles from the shelves. And that they were going to tell Walgreen’s to remove them from the shelves. They were also not supposed to have shipped them to Walgreen’s, and Walgreen’s was not supposed to have it on their shelves. But they did. And I swallowed their freakin glass.

Now they refuse to pay for a GI doctor visit for surgery (I wouldn’t have needed in the first place, had it not been for their negligence etc.), and have declined on any compensation. I was told ingesting glass can do harmful damage to the digestive track. And could lead to further problems, as far as bleeding etc. I do not have $ 400 for an initial visit to the GI doctor, and should not have to pay at all for any medical treatment, to make sure my intestines are not cut all up, bleeding, or any other damage.

I have been unsuccessful in finding a lawyer to represent this case, and feel that this company is getting away with negligence, carelessness, and possible physical harm! Actually I was physically harmed, because I did ingest the glass, and it hurt the back of my throat.

I need to know if anyone knows what in hades I can do? I need a lawyer. And I do feel a law suit should be initiated. But who do I go to?

I am in St. Louis.

Best answer:

Answer by raichasays
Unfortunately, until you get some proof, you won’t be able to get a lawsuit going. That’s why you are having trouble getting a lawyer – because there isn’t enough to work with yet.

To win a lawsuit against the tea company and/or Walgreens, you need to show that they were negligent in some way (design of the bottle, the way it was handled that caused it to break, etc.). But you also have to show actual damages caused by their negligence. And right now, all you have is a scratched throat.

Right now, they can say you made the whole thing up, broke the bottle yourself and are trying to get a big pay day when there is nothing wrong with you. So they aren’t going to give you any money to go see the doctor.

But if you find another way to get the medical care you need AND the doctor finds the glass in your system, then you have what you need to get started with a lawsuit. And then a lawyer might take the case. Even so, you will have some problems proving that the breakage of the bottle was their fault.

It bites, I know. But that’s how it works.

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