bone found in tesco food ---- help !!

zenseeker

purplegirluk1 wrote: »

I have no oar, just thought that if the OP didn't eat meat there would be no bones, no bones mean no problem! How do you know I am veggie?

I apologise for the 'nazi' bit, it's only supposed to be a little dig, but I can understand the offense it may cause. Only a veggie would come into a thread like this a preach the "Don't eat meat" message. To be honest, the abstinence from meat will not save you from choking, you're just as likely to choke on broccoli or a piece of carrot.

Steve_xx

frugallass wrote: »

if you accidentally left a bone in a sandwich that you had prepared for your son would you expect compensation from yourself or maybe your son should sue you

If you had left a bone in a sandwich that you had prepared for your son, then yes, you would at law be liable if he choked to death on it.This is because you owe a duty of care to your son to ensure that whatever you give him to eat is safe.

Tesco owe a similar duty of care to the public at large. However, the child has not suffered serious injury and therefore there is no claim to be made against Tesco. In order for a claim in negligence to succeed, the following three criteria must be present:

1. A duty of care is owed
2. The duty is breached
3. Damage was suffered as a result

Clearly, 1 and 2 above were present, but crucially, 3 is not present and therefore there is no claim to be made.

There would have been more of a case had the child choked on a fish finger. Why? Because fish fingers are products that are aimed at the child market and therefore although bones occur in fish naturally, the laws says that extra care must be taken in the production of these because children dont understand that they should chew carefully in case bones are present.

purplegirluk1

zenseeker wrote: »

I apologise for the 'nazi' bit, it's only supposed to be a little dig, but I can understand the offense it may cause. Only a veggie would come into a thread like this a preach the "Don't eat meat" message. To be honest, the abstinence from meat will not save you from choking, you're just as likely to choke on broccoli or a piece of carrot.

Thank you for the apology, I just found your comment a little unexpected. True you could choke on broccoli or carrot but there is not likely to be any surprise bones hiding in a cheese and tomato sandwich!! I have asked the abuse team to remove your comment as I am not happy with it being in an open forum, I hope you understand.

zenseeker

purplegirluk1 wrote: »

I have asked the abuse team to remove your comment as I am not happy with it being in an open forum, I hope you understand.

I've nipped back and removed it myself, apologies again.

mrscb

Sorry but i think it is your responsibilty to check your childs food,i would always check myself as i realise mistakes can be made.
It was an accident.Tesco dont want people to choke on their sandwiches after all do they,fair enough if it was a bone in a yoghurt or some sweets but bones come from animals with bones and a chicken is one.its things like this that has sent us compensation crazy (who woud have thought a bag of salted nuts may be unsuitable for nut allergy sufferers... bet someone has tried to claim for this!!!):D

worcestersaver

zenseeker wrote: »

What difference would that make? You have just as much chance of finding a bone in a sandwich purchased in any supermarket in the country.

Exactly! Some people just wait for something to go wrong and try to take advantage. Tesco and their suppliers will no doubt have a high level of quality control, but, as in every part of life, things go wrong and mistakes are made. I think it is fair for retailers to protect themselves against people like this who won't accept an apology.

oilit

i have nearly wet myself from laughing ... whatever next - a chicken with a bone in it ...seriously though - i think the issue here is that your child choking was distressing..

the funny thing is, if you hadnt got the finest one you would have probably had the reconstituted/mechanically recovered chicken which is presented as wafer thin slices of chicken - ie like ham) - but that just doesnt look or taste like chicken.

Expecting anything other than a refund of the value though is cheeky in my eyes. Presumably the difference between the refund value and the 15.00 will be going to some charity ?

kurjam

cg1982 wrote: »

write off to head office with evedence of the bone as once i was eating a herb jacket potato and i felt a sharp stab pain on the roof of my mouth it was the stalk from the herb(stem) it kinda got stuck in the roof of my mouth and it was bleeding so my boss dragged me back to the shop to show them they had to investage it i recieved 25.00 vouchers which i brought stuff in the sale and gave it to a charity shop. i know it never got stuck in my throat but if it did not get stuck in the roof of my mouth it would have proberly done damage to my throat so the shop had to investage it as it was dangerous.
so my advice would be to complain about it to make them aware as a bone should not be in a sandwich.
i hope it goes ok for you. i also have a three year old if i had found it i wouldent havenot been impressed either

thanks for the support, glad to know someone knows how i feel...
tesco have given me £15, so am happy with that

joannetillin

About six months ago my other half was making spag bol with a Knorr ragu sauce. He tipped the jar up, and when he shook it to remove the rest of the sauce, there was a loud clunk and a 3'' bit of glass came out......mmm, tasty! This came from our local Tesco, so took it back and got a refund. I wasn't looking for compensation, but I would have appreciated it if Tesco had offered to take my details and investigate it - we were not so much concerned about ourselves as much as other people who might have ended up with a small bit of glass in their food that they didn't see.....could have been nasty! :eek:

suzi_69

M&S sent me a £10 voucher (this was over 20 years ago now, so it was quite a large amount, as I was a teenager at the time) cos I bit into something hard & found it was the centre "kernel" from apricot stone in an apricot yogurt.

I wrote to them reminding them that yogurts are often fed to small children & how someone so small could have choked on it! It seemed to work, in view of the amount they sent me!!

Suzi xx