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ChatterBank1 min ago
cigarette found in pancake
4 Answers
Hi, my wife recently bought a pack of ASDA's smart price pancakes and found a cigarette end in one (after shed already given our two year old son one, which luckily he never ate.) i called enviromental health, who came out took pictures and a statement and the product which was now over two months ago. My question is do we have grounds for a claim and if so would we get compensation?
thanks in advance
thanks in advance
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Compensation is to make good any damage, suffering or loss caused.
As you have lost only the price of the pancakes, suffered no ill effects or other damage it is difficult to see what you could be compensated for.
If environmental health are satisfied there are sufficient grounds, Asda will be prosecuted and fined.
As you have lost only the price of the pancakes, suffered no ill effects or other damage it is difficult to see what you could be compensated for.
If environmental health are satisfied there are sufficient grounds, Asda will be prosecuted and fined.
Did you complain to Asda at the time? I would imagine they would probably give you a token sum as a gesture if goodwill but nothing massive. See this:
"Foreign bodies
When it comes to finding something in a food product you've bought, it's always best to return the item to the shop where it was purchased. Take with you the product, foreign body found and your receipt if you still have it. Ask to speak to the manager.
You can insist on a replacement or if appropriate, a refund as the shop has supplied you with something which isn't of satisfactory quality and has, therefore, broken its contract with you (Sale of Goods Act 1979, section 14).
This applies even though the shop itself is unlikely to have been at fault. If you've eaten part of the foreign body and become ill as a result, you could also recover compensation from the shop for illness and lost wages. Do be aware that the shop may want to take the product from you for testing, so it maybe worth taking photographic evidence as proof."
So basically, unless you ate it and were off work ill and lost wages as a result, I doubt you will get compensation.
"Foreign bodies
When it comes to finding something in a food product you've bought, it's always best to return the item to the shop where it was purchased. Take with you the product, foreign body found and your receipt if you still have it. Ask to speak to the manager.
You can insist on a replacement or if appropriate, a refund as the shop has supplied you with something which isn't of satisfactory quality and has, therefore, broken its contract with you (Sale of Goods Act 1979, section 14).
This applies even though the shop itself is unlikely to have been at fault. If you've eaten part of the foreign body and become ill as a result, you could also recover compensation from the shop for illness and lost wages. Do be aware that the shop may want to take the product from you for testing, so it maybe worth taking photographic evidence as proof."
So basically, unless you ate it and were off work ill and lost wages as a result, I doubt you will get compensation.
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