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Advice needed bad bread

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  • 08-05-2012 12:01pm
    #1
    Registered Users Posts: 122 ✭✭


    I was making my lunch this morning I used two slices of bread which were fine. I already had a slice of toast was fine. I looked into the loaf and the next slice had about 33% of covered by it looked like a mouse, but there's no head or feet or tail. It looks like one piece of cotton/furry.

    Who do I complain to?? The same company

    I feel like getting sick at the thoughts I already ate from this batch which was bought last night and date on it says 12 may.


Comments

  • Registered Users Posts: 7,265 ✭✭✭RangeR


    Letsdoit wrote: »
    and the next slice had about 33% of covered by it looked like a mouse, but there's no head or feet or tail. It looks like one piece of cotton/furry.

    Very bad mold? If it's black mold, get rid of it ASAP [or put it into a air tight environment]. Black mold is highly dangerous.


  • Registered Users Posts: 122 ✭✭Letsdoit


    RangeR wrote: »
    Letsdoit wrote: »
    and the next slice had about 33% of covered by it looked like a mouse, but there's no head or feet or tail. It looks like one piece of cotton/furry.

    Very bad mold? If it's black mold, get rid of it ASAP [or put it into a air tight environment]. Black mold is highly dangerous.


    I dunno if it was mold the bread itself seemed ok. It was inside in the bread opposed to being bread.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Letsdoit wrote: »
    I dunno if it was mold the bread itself seemed ok. It was inside in the bread opposed to being bread.
    Contact the company and let them know about it, They may make some goodwill gesture? or contact a solicitor if you feel you should be compensated for your ordeal. If it turns out to be a mouse you may be in a better position.

    Place the bread and wrapper into a sealed plastic bag and place it into your freezer to preserve the evidence.

    You could also contact the FSAI or your local HSE health inspector if you feel it is a public safety concern.


  • Closed Accounts Posts: 194 ✭✭Elvis_Presley


    upload a photo and let the experts here decide!


  • Registered Users Posts: 122 ✭✭Letsdoit


    upload a photo and let the experts here decide!

    I'll post a pic after work


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  • Registered Users Posts: 33,518 ✭✭✭✭dudara


    Please don't waste your time posting pictures here. Instead, your best bet is to follow the advice from foggy_guy


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    foggy_lad wrote: »
    Contact the company and let them know about it, They may make some goodwill gesture? or contact a solicitor if you feel you should be compensated for your ordeal. If it turns out to be a mouse you may be in a better position...
    The legal principle involved is the manufacturer's general duty of care. See http://www.safetyphoto.co.uk/subsite/case%20abcd/donoghue_v_Stevenson.htm.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    The legal principle involved is the manufacturer's general duty of care. See http://www.safetyphoto.co.uk/subsite/case%20abcd/donoghue_v_Stevenson.htm.[/QUOTE]

    It's moved on quite significantly from Donoghue v Stevenson but yes that is the genesis of a blanket duty of care. However it won't matter if the OP bought the bread in the first place as the issue in D v S that was ground breaking is that there was no contract between the injured party and the supplier.

    Digression aside - food contamination happens all the time. Its not pleasant and I'm sure there'll be a few free loaves of bread and a sincere apology for the OP. I'd never advise anyone against seeing a solicitor if they feel it right to do so but bear in mind you'd have to show damage. If you do contact a solicitor make sure its one that will give you an assessment of the situation for free - plenty of them about.

    Foggy_Lad really hit the nail on the head with this one to be honest.


  • Closed Accounts Posts: 1,594 ✭✭✭sandin


    It's possibly a load of gunk from the end of the mixer. Possibly harmless but best to send it to baker with wrapper.


  • Closed Accounts Posts: 2,957 ✭✭✭Magenta


    The legal principle involved is the manufacturer's general duty of care. See http://www.safetyphoto.co.uk/subsite/case%20abcd/donoghue_v_Stevenson.htm.

    That link is irrelevant, that is UK law.
    Irish law for food safety is different. I know because I used to work in this area, namely dealing with these claims, and getting compensation for these incidents in the UK is much more difficult in Ireland because in the UK, food manufacturers are better protected against such claims provided they performed all due diligence.


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  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Magenta wrote: »
    That link is irrelevant, that is UK law.
    Accepted as suasive precedent by the Irish courts.
    http://www.cpaireland.ie/UserFiles/File/students/Articles/2006LFmodified.pdf
    http://www.gcc.ie/files/20090519051807_Chapter%2002_Tort.pdf
    Irish law for food safety is different. I know because I used to work in this area, namely dealing with these claims, and getting compensation for these incidents in the UK is much more difficult in Ireland because in the UK, food manufacturers are better protected against such claims provided they performed all due diligence.
    I think you miss the point. I cited Donoghue v Stevenson because it is possible to bring a case on a similar basis in Ireland and have a good chance of succeeding (I was also much taken with the apparent parallels between Letsdoit's experience and that of Mrs. Donoghue). Food producers in Ireland tend to be specifically or generally aware of the principles set down in the case, and are therefore likely to engage constructively with a consumer who finds something noisome in a food product, particularly if portion of the product has already been consumed.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    WARNING: Very much a TL : DR for most and only posted for the two guys above me.

    There is very little UK Law (That's actually not true either because Scotland has a distinct legal system) that isn't relevant to Ireland. That said D v S etc is a bit OT - I only interjected as I thought it might be of interest to the person who posted it.

    Incidentally D v S is more than persuasive authority at this stage it's well and truly binding. Also while I'm giving you the benefit of my "stuff I learnt out of the text book less than a year ago and like to spout it at every opportunity" knowledge bear in mind English Law was Irish Law until 1922. Admittedly D v S is 1932 but once a case has been applied by an Irish Court that decision become binding. It's a little more complex than that but I'm not trying to derail this thread or forum into a legal discussion there is a rather good forum for that already.

    As for the case succeeding you need more than just an incident. You need to show damage. As for there being a difference in the Irish and UK position on a damages resulting from a defective product like this; there really shouldn't be as the law on such matters comes from a EU directive ensuring all member states adhere to the same principles of law.

    Last bit of law waffle - even if the OP is successful in getting damages he can expect contractual damages for the bread €1.59 max. Any other damages would be in tort. These damaged only put him back into the position he was in before this happened - medical bills, nervous shock, personal injury etc. that's not going to be very much at all.

    Apologies for all the waffle I just thought it might be interesting for the two guys arguing the law. Please note its very likely I'm ill informed and am not putting my position out there as the correct one or as legal advice.


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    ... Last bit of law waffle - even if the OP is successful in getting damages he can expect contractual damages for the bread €1.59 max. Any other damages would be in tort...
    Just to help you with your legal studies: the contractual damages would be borne by the retailer, and the tort damages by the baker.


  • Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Thanks


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