I work at a newspaper and the photographer snapped a picture and i had
plenty of witnesses to see that i didn't "plant" the bugs.
I called Tastycake and they want me to mail them the contents.
A woman at work called the vending company that puts in the cupcakes
and they said they were coming right up. They never came. I called
the same number 5 hours later to find out if they were coming to
refund me, clean out the machine and to get an apology. Anyway, when
I called them, they told me that they don't deliver anything to the
machine where i work. hmmm.
Any input would be appreciated.
Thanks,
John Scarano
Were you physically harmed or financially damaged in any way?
If not, was the incident so "outrageous" that you suffered acute emotional
distress - preferably distress for which you had to receive medical treatment
- as a result?
If neither, a legal newsgroup may not be your appropriate resource. You
should take the incident up with your county health department (if you want
to pursue it.)
And you could lobby with Tastycake for some appropriate gratuitous token of
their esteem for you as a customer. Maybe a free supply for a year?
Garry
You should probably discontinue eating krimpets from that package, and you
should seek a refund of the purchase price or a replacement package. You do
not mention whether you found the bugs to be enjoyable. So, if you did
enjoy the bugs, then, no, you do not owe anything extra for having received
them.
Buying food is not some kind of lottery where you "win a million dollars if
you get the lucky package with the bugs inside". One would presume that
since you are posting the question to a legal newsgroup, that perhaps you
might think you have some kind of legal claim upon which you will receive
untold riches upon having bought food into which some bugs had taken up
residence. Absent from your story is any mention of having suffered any
kind of injury at all from having purchased a product which was apparently
subject to a defect of some kind (that is, if you did not find the bugs to
be a welcome addition to the usual ingredients).
It does not appear that you were harmed in any way, so it is unclear what
legal question you might have.