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Snake vertebre found in jar of Planters Peanuts......

Discussion in 'Accidents, Injuries, Negligence' started by MattCooper, Sep 8, 2008.

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  1. MattCooper

    MattCooper Law Topic Starter New Member

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    A short time ago I purchased a jar of Planters Peanuts (Kraft). In throwing a half handful of them in my mouth I bit down to find something hard in the peanuts I was eating, so I spit them out. In looking at the rest of the peanuts in my hand I found what appears to be a part of a snake vertebre in with the peanuts which caused me to start throwing up and made me sick for a few days. The flavor of peanuts was dry roasted and I found that the piece of snake vertebre to be dry roasted exactly like the peanuts they came in. I've not searched through the jar to see if there are more pieces of snake vertebre as there were in my hand and mouth (as if I'm not grossed out enough already) but I wouldn't be suprised if there were more pieces since there were two already. I have saved all of the evidence (besides the mouthful of peanuts and foreign object I spit in the trash) so I have one piece of the snake vertebre (I have pictures....probably about a 1/2 inch section of vertebre). Please let me know if this is something I might be able to gain a settlement from. I'm sure that Kraft and Planters wouldn't be in a very good situation if this information about their peanuts went to the media. Also, it's not necessarily the vertebre that scares me as much as what happened to the rest of the snake (or animal). I'm wondering if lab tests will show that the rest of the snake the vertebre came from is somehow mixed in with the peanuts but its pretty fing disgusting and I believe I am entitled to some form of retribution. Any advice? Any attorneys interested in negotiating a settlement with Kraft and recieving a percentage? Not sure where I could take this but I would assume this to be a good situation for me and an attorney and a bad situation for Kraft!
    Cooper
     
  2. irish223

    irish223 Moderator

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    For all intents and purposes, you just put it out there for the media, so you probably won't be able to play that card!
     
  3. presutin

    presutin Moderator

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    Hmmmm... unless you are an herpetologist/ophiologist, how were you able to determine so quickly that it was the vertebrae of a snake? Not sure you can make a huge case here - you seem to be OK (besides being a bit grossed out) no damages to your health and this seems to be have been an isolated incident. Foreign objects in products such as grains are not uncommon. If you are expecting a big pay out for catching a foreign object found in the product, lower your expectations pretty quickly...
     
  4. MattCooper

    MattCooper Law Topic Starter New Member

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    How do I know it's a snake vertebrae?

    Lol....that's actually a pretty good question. My dad is the outdoorsy type and we were both born and raised on a farm so we have seen our fair share of dead carcases. My dad is the one who suggested that it was a snake vertebrae and I guess I would have to say I'm making an assumption based on his assumption. I've actually seen some other posts on the internet regarding snake vertebraes in peanuts so it made sense. Thanks for your reply....I guess nothing happened to me but I would assume the liability to be not what did happen but what could have happened.
     
  5. presutin

    presutin Moderator

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    Since it didn't, then there is no liability... Good luck to you and watch out for those peanuts you are eating!!
     
  6. MattCooper

    MattCooper Law Topic Starter New Member

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    Trust me.....I will probably never be able to eat peanuts again! Is my psychological well-being regarding the consumption of peanuts be considered a liability? Besides the fact they will never get my money for their product since I can probably never eat peanuts again. What if I was afraid of snakes and every time I see peanuts now it triggers an anxiety attack. Kraft foods...if you are reading right now I'm sweating and vomiting at the thought of peanuts....I will never be the same.
     
  7. MattCooper

    MattCooper Law Topic Starter New Member

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    Let me rephrase that as "the Mainstream Media".
     
  8. presutin

    presutin Moderator

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    The answer is no. Sorry, but you just don't have a case here...
     
  9. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Matt, I don't know... maybe you do have a case but a great deal comes down to proof amongst a number of other factors. Especially during these economic times those "pie in the sky settlements" that you've heard about are not the windfalls that they may have been in times past. Companies are more ready to fight cases than settle quickly these days. If you'd like a recommendation to a personal injury attorney, I'm glad to provide you an excellent one. In the meanwhile, stay away from the peanuts. :)
     
  10. presutin

    presutin Moderator

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    TLP - Let me play devil's advocate for a second. I am a huge Manolo Blahnik's fan. His shoes are to die for. I go to his store and buy a pair of 4 in heel sling backs. I go home, try them on and then decide to wear them out that night for a special occasion. At the party, as I am making my way to the bathroom, I lose my balance, twist my ankle and fall down. People come to my rescue. I go home and, after looking at the shoe, I realize that one of the heels is slightly crooked!! I then think to myself - oh my gosh, that it it! I fell because I think the heel did it. I still look at the shoe for a day or so after the incident and think even harder, then I have an eureka moment: Manolo Blahnik, you are to blame for my fall! I continue to stare at the shoes even more for the next few days and tell myself - I no longer can wear 4 in heels because I feel wearing them will give me seizures or will make me feel dizzy. I am traumatized - after all, I could have broken my ankle, a bunch of bones on my foot. Do I have a case here? Maybe, maybe not. Here are the red flags: 1) I didn't go to the emergency room to have myself checked out (neither did our poster); 2) I didn't send the shoes to a shoe expert to confirm that the heel is slightly crooked (our poster assumed right away that it was a snake vertebrae); 3) I could have caused my own fall by losing my balance (who is to say that our poster didn't place the foreign object into the jar?). So, the bottom line here is that I am trying to take advantage of the law's loopholes to get some compensation for something that happened or could have happened. The only challenge for me now is that, in order for me to make my case, I will have to really prove to the courts that Manolo is to blame for: my fall; my potential seizures and my potential dizziness, and, because of what happened, my life was impacted so profoundly that I cannot be a productive and honest individual until that wrong is made right! Point that I am trying to make is: that is not why laws were designed... Finally, I am glad to see that we, as a system and as a societey, are catching up with these "what if" lawsuits. Just my two cents....:D
     
    Last edited: Sep 10, 2008
  11. MattCooper

    MattCooper Law Topic Starter New Member

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    I'll take this one TLP!
    The only case that you have is one of comparing Apples to Tomatoes. Your shoe analogy, while very interesting, doesn't provide a obvious trial of logic. First of all you went to a party in your shiny new shoes which would probably give the prosecution an argument as to your state of intoxication. (At least that how most of the parties I attend end up.) Even if you weren't intoxicated in the example with the heels you 1) Had no proof that the heels were like that before you wore them. (I however have an animal vertebrae covered in the same dry roast that the peanuts were covered in) 2) I think I could safely assume that you run a risk of falling any time you wear heels for the fact it is a known fact you can't keep your balance as well in heels as your can regular shoes (unless you are Paris Hilton). There is an obvious risk of falling from the beginning regardless of anything else. (In a situation where you find a fish bone in your tuna, or a worm in an apple, these are not the same for the fact you are dealing with foreign objects that are typical of where they have been found....I think falling in your heels would be typical of wearing that type of shoes...I don't think that a snake vertebrae is typical of peanuts). Further...remember....you went home to find that your heel was slightly crooked. The writing should be on the wall here.....you go home drunk after you fell on the heels and then realize they are crooked.....don't you think that the fall might have caused that....don't you think that your blurred vision may have caused them to look crooked. If you want a somewhat valid comparison at least say that you noticed the heels were crooked before you wore them out or after you woke up the next morning in a sober state of mind. Now for arguments vs. your red flags:
    Here are the red flags:
    1) I didn't go to the emergency room to have myself checked out (neither did our poster)
    Noone ever stated that physical injuries were received from this situation so a trip to the ER is not necessary. I'm not arguing the fact that I received an injury from this situation, I'm arguing that Kraft has been negligent in this case and may be in others. I'm not sure that this is something that Kraft would like to leak out to the media (trust me, I graduated from Mizzou which boasts the number one journalism school in the nation)....I'm sure that Manolo Blahnik would not be affected much by the media reporting on a story of a girl tripping and falling in a pair of their shoes. However, I do think the media would love to report on someone finding a snake vertebrae in a jar of peanuts, and I also think a media report would gross some people out enough to where they wouldn't buy their nuts ever again where I seriously doubt that anyone would stop buying Manolo Blahnik shoes becasue someone tripped in them.
    2) I didn't send the shoes to a shoe expert to confirm that the heel is slightly crooked (our poster assumed right away that it was a snake vertebrae);
    I assumed right away that it is a snake vertebrae for the fact I grew up on a farm and have seen several animal carcases in my lifetime. This does appear to be a snake vertebrae and is covered in the same dry roast as the peanuts. Who really gives an F if it is a snake vertebrae, rat vertebrae, or dinosaur vertebrae....it is a foreign object that does not belong in a jar of peanuts and it is the responibility of Kraft to keep this from happening. Lets pretend I wasn't so overzealous to eat these peanuts first and my son would have choked on the foreign object.....he didn't, but you might think Kraft paying out a ton of money in a lawsuit or settlement might make it to where they don't cut corners in their QC department which lead to this occruance. Also, I was asking for preliminary advice on the situation....do you not think if we were a little deeper into this I would have a lab test the contents of this jar of peanuts. The vertebrae is pretty gross in itself....I'm just as concerned though as to what happened to the rest of the snake/animal in question. What if it was a poisionous snake....what if the peanuts would have killed me and my family if we were to have eaten the entire contents. I know there are a lot of what if's here but you sound like most democrats in their critique of why we started the war on terror. No, this specific case may not have killed anyone, but I sleep better at night knowing that Kraft is of the understanding if they don't practice thorough quality control then they are going to pay for it. (Most democrats seem to believe that making it blatently obvious to terrorist what will happen if they endanger our lives isn't important....I believe that making it blatently obvious to Kraft that they are going to have to pay or look bad when they don't do a good job of inspecting the food they are selling may keep these situations from happening.) Doesn't it make you feel somewhat comfortable the checks and balances that lawsuits provide to large corporations. (Thank you Kennedy administration for your various consumer protection laws created during your administration). If it wasn't for situations like this would they really spend the amount of time they needed on quality control? Seems like PR would be the only reason by which these large corporations would do anything to look out for their consumers.
    3) I could have caused my own fall by losing my balance (who is to say that our poster didn't place the foreign object into the jar?).
    I am to say this! I found it in the jar and I think the fact it is covered in dry roast, as are the peanuts, is the smoking barrel here....lab tests would confirm this.
    Anyway, I always appreciate a good argument. Shoot back if you wish!
     
  12. Bijoux10264

    Bijoux10264 New Member

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    Matt - you sound just like another sucker trying to get a big payout out of a high profile company. You remind me of the lady that found a digit on a Wendy's cup of soup... Plz!!! Nothing happened to you! You want the attention? Go for it and take it to the big waves. Why you haven't done it yet? For someone who thinks that he has a case and is blasting on the post how strongly you feel about it, you are very much a contradiction... P.S - if you don't know who Manolo Blahnik is (for a journalism graduate) you are out of touch with reality. Girls rule! LOL
     
    Last edited: Sep 10, 2008
  13. MattCooper

    MattCooper Law Topic Starter New Member

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    Bijoux,
    LOL....trust me I think a better case could be made that someone who knows who Manolo Blahnik is, is more OUT OF TOUCH WITH REALITY than in touch with reality. (Not to say that any of the girls I date are in touch with reality or don't wear Manolo Blahniks but seriously!!!) Regarding my degrees from Mizzou, I'm proud to say none of which are Journalism (Political Science, Psychology, Sociology)....I just said they boast the number one J-school in the nation so I have a little insight as to what the media gets off on. Regarding what my issues are with all this.....I just watched Fast Food Nation for the first time about a month ago and it kills me how negligent large corporations are. This type of situation seems to be very normal and I believe that is sad. I don't know if you have any children but the thought of my son choking on this foreign object makes me sick to my stomach......the thought of anyone elses child choking on this foreign object makes me feel the same way. The US Government can scan everyone that gets on a plane to find any metal objects or any objects that appear to be weapons, but Kraft can't keep foreign objects out of their peanuts? Anyway, I hope you and Pre both understand the good nature of my argument....I don't think either of you would be posting what you did unless you think it's fun. I was just playing devils advocate more than anything because I also think it's fun. And I will agree with you......girls do rule......THE KITCHEN!!!! Just kidding! I'm so in trouble over that post!!!! Love you guys!
     
  14. presutin

    presutin Moderator

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    OMG - this is so much fun! Your posts are so hilarious... Anyways, Matt - I just wanted to give you a small sample of skepticism of what to think when you consider making a case and proving it. My Manolos are not in question here! LOL LOL LOL and I must agree and add to your last comment - Girls rule - not just the kitchen but the entire house - that is why you always end up in the dog house. Good luck to you!
     
  15. MattCooper

    MattCooper Law Topic Starter New Member

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    I love it!
    Thanks for being fun!
     

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