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Ate fingernail found in Tesco muffin: what would be reasonable compensation?
After bringing home my muffins from Tesco's freshly baked counter. I was horrified to find myself eating somebody's fingernail. As I am sure you can understand I was sickened and horrified and also very angry. After being violently sick I rang my local store and spoke to a manager. It was agreed I would go back into the store the following day. When I spoke to the manager in person I was advised that the muffins aren't actually baked on-site so all complaints go to head office with the item (and fingernail) to be tested and investigated. I received a measly ten pound gift card on receipt of them taking the product etc. I feel cheated and disgusted at how I was treated and am just wondering whether I have done the right thing letting them take the food and what I should do if they offer me no compensation. Is this a normal occurrence? What would be your advice for me!
These cases can be extremely distressing.
You should write to the store making clear that the symptoms you have suffered namely vomiting, warrant a greater compensation payment than £10. Valuing these claims is difficult. The original negligence case of 1932 (Donoghue v Stevenson) awarded £500 (£10,000 in todays money) for a snail in a ginger beer bottle but the victim suffered gastroenteritis.
If your symptoms are limited to emotional symptoms with one attack of vomiting then we would suggest £250-£500.
Passing the item for investigating might have been a mistake if it is later claimed to be lost.
You should have taken photographs. We would normally advise only to release the item to the Environmental Health department who may themselves release it to the supermarket but this affords the best protection.
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