What to do if I found a fingernail in my cereal?

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What to do if I found a fingernail in my cereal?

I found a fingernail while eating a bowl of cereal. I was chewing a spoon full of cereal and had to spit one out because it was hard which I found to be weird. Once I spit it out that’s when I noticed it was a finger nail that I almost swallowed. It did not belong to me and none of my nails broke. This is disgusting. Can I sue?

Asked on April 15, 2012 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may have been disgusted, but the law does not provide any compensation for being disgusted. With very few exceptions, which do not apply to a products liability case, like this situation, the law only provides compensation for actual phsyical or economic injury. If you were not hurt, not made physically ill, not disabled, did not incur medical costs, and did not lose wages due ot this, there is nothing you could recover--that is, you could potentially sue, spend money on a lawsuit, win, and still get nothing, since there was no damage. Even if you incurred some minor cost or injury--e.g. you went to a doctor to get checked out, and paid a $30 copay--it would not be worth taking legal action, since you'd spend more than you could recover.


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