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Swallowed broken glass from Arizona Iced Tea bottle...

On Lawyer & Legal » Accidents & Personal Injury Law

11,614 words with 16 Comments; publish: Wed, 30 Sep 2009 19:03:00 GMT; (800109.38, « »)

The state is: ?

So I'm making up my bed today, take a swig of my room temp Arizona Iced Pomegranate Tea and feel a bunch of solids swishing around in my mouth. I spit it out knowing it can't be ice and about a full teaspoon of broken glass shards fly out of my mouth.

I was coughing and spitting up glass for the next 5 minutes.

I check the bottle and at the bottom is a whole layer of glass shards, some as small as sand, others as big as a fingernail. Almost a tablespoon of glass at the bottom of this bottle

I don't think I swallowed any, but went to the ER anyway just in case. I make my living as a vocalist, and the last thing I need is for my vocal cords to be ripped to shreds or have glass embedded in them.

No, I wasn't coughing up blood and there seems to be no physical injury to speak of. I know that would be the foundation of a lawsuit. But surely there's gotta be SOME legal recourse for this, because there is an inherent flaw in the packaging from the looks of it. So this is a problem on the manufacturing and quality assurance end... What if that had been a young child or somebody to thirsty to take a slow swig?

Any advice?

Thanks

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  • 16 Comments
    • I swallowed glass out of coca cola bottle in 1984. there was a bridge of glass connecting each side, with slivers of glass in the bottom. I was 12 at the time. My parents sued CC, and were awarded a judgement. I was injured, I swallowed the glass before school, and began spitting and spewing blood during school. Was sent to the ER and I had to drink some really really nasty stuff, and then they stuck something down my throat to see how bad the cuts were. Was in the hospital for 3 days.

      All CC was concerned about was getting the glass bottle back. They couldnt give a rip about me or my vocal cords...

      #1; Sat, 07 Nov 2009 14:24:00 GMT
    • I think along with the jurisdiction process, you should also inform the manufacturers about the case; so that they can take more precautions about the packaging process. Also, you can get some remunerations from them as well!
      #2; Wed, 07 Oct 2009 07:24:00 GMT
    • I'm an attorney in Texas and I currently have a case on file regarding a young girl who swallowed glass from an Arizona Tea bottle. I'm interested in learning more about this incident.

      Where did the OP consume this product?

      In my experience, a case like this is definitely worth more that ER expenses and out of pocket expenses.

      It has nothing to do with a money grab, which the general public is programmed by big business and television to accept as the evil of any lawsuit. Lawsuits, leading to monetary judgments, force companies to improve their quality assurance procedures in order to avert these types of incidents in the future.

      #3; Tue, 13 Oct 2009 23:34:00 GMT
    • Quote:
      === Original Words ===

      I have to wonder why a lawyer is trolling an internet forum? Shouldn't you be busy doing other lawyer stuff? Maybe you should think about a lawn mowing service. They are doing really good and you could get a little sun while your at...just trying to help...
      I like that there are attorneys on this forum. I wish there were more. I would like to ask that attorney to please register with admin and stay awhile and post often. We could all use his/her legal expertise.
      #4; Mon, 16 Nov 2009 10:41:00 GMT
    • I have to wonder why a lawyer is trolling an internet forum? Shouldn't you be busy doing other lawyer stuff? Maybe you should think about a lawn mowing service. They are doing really good and you could get a little sun while your at...just trying to help...
      #5; Wed, 11 Nov 2009 20:34:00 GMT
    • .personalinjury.todaysummary.com.Dogmatique...

      It's just a hypothesis after finding this obscure lawsuit file and reading this section (Section 13):

      "Among the Heileman assets acquired by Stroh was a plant in Perry, Georgia, which bottled "Arizona Iced Tea" brand beverages pursuant to a contract with the manufacturer of the product, Hornell Brewing Companies ("Hornell"). The disputed insurance claim in this case involves a recall of "Arizona Iced Tea" products ordered by Stroh after glass shards were discovered in several bottles filled at the Perry plant. It is undisputed that these euphemistically termed "glass inclusions" were caused by a defect in the Perry plant's "hot-fill" procedure, which caused hot liquids to be poured into glass bottles that had been allowed to cool to too low a temperature. The resulting "thermal shock" apparently caused occasional breakage in the bottles."

      Here's a direct link to the whole case:

      265 F3d 97 National Union Fire Insurance Company of Pittsburgh Pa v. The Stroh Companies Inc | Open Jurist

      After reading that and taking a look at the bottle, it looks like the perfect explanation. The inside of the bottle is cracked, but there is no leakage....so it almost looks like there are two layers of glass in these bottles. In my case, the inner layer is badly cracked, and my guess is that it's from that "hot-fill" procedure.

      #6; Wed, 30 Sep 2009 20:03:00 GMT
    • In THIS case, I feel the OP has a good case for having his ER bills paid. Of course, we're only talking out of pocket expenses.
      #7; Wed, 07 Oct 2009 10:23:00 GMT
    • Quote:
      === Original Words ===

      I have to wonder why a lawyer is trolling an internet forum? Shouldn't you be busy doing other lawyer stuff? Maybe you should think about a lawn mowing service. They are doing really good and you could get a little sun while your at...just trying to help...
      Seriously - knock it off.

      You are NOT helping a single member of this forum.

      #8; Wed, 11 Nov 2009 23:42:00 GMT
    • Last year my mother bought orange juice in a cardboard carton. It had one of those plastic lids with a plastic insert. Apparently a piece of the plastic fell into the juice.

      She pours the juice into a glass, doesn't see the plastic, and drinks.

      The plastic never gets past her mouth and she's not injured at all. However, she calls the company to tell them what happened and they send her $5 . As she tells it she told them they were lucky, she's old and lives alone and could have choked to death.

      #9; Fri, 11 Dec 2009 08:09:00 GMT
    • No, no one is getting "remunerations". No injury, no money.
      #10; Wed, 07 Oct 2009 09:00:00 GMT
    • Quote:
      === Original Words ===

      cool...thanks for the speedy reply.

      there should definitely be a recall on that stuff though. in doing my research it looks like the flaw is in the bottling process....they bottle those teas hot, and it can crack the inner layer of glass during the cooling process.

      That's dangerous...I hope nobody out there is getting hurt by that stuff ;-/

      That's actually somewhat fascinating - I don't suppose you'd have a source for that?
      #11; Wed, 30 Sep 2009 19:55:00 GMT
    • Original Post:You better be ready to back up what you say. I am reporting your post to admin, to ask them to make sure you are who you say you are. In addition this is a community where people come looking for help, so please tread lightly ~ this is not a place to troll for the next paycheck.

      So many strange comments to address:

      (1) I better be who I say I am? Let's say I'm not who I say I am. Why? What motive would someone have to lie about being an attorney and commenting about a case in likely a different state. Strange concern you have.

      (2) Reporting me to the admin? The admin never asked for my bar card number when I registered. Frankly, I dont know "who you are" so I will refrain from giving you my identity and bar card number.

      (3) Obviously, I am looking to contribute to a community looking for help. If I wanted another paycheck or to sign up this case, wouldnt I just publicly post my website and ask the person to call me or email me? The question from the OP was about what the case was worth. I have cash in hand right now, less than 60 days into the case from the SELLER of the product as a settlement--and that amount alone is more than the medical bills. The bottling companies involved are still on the hook.

      You're really not worth responding to in future posts, but I had to put in my three cents.

      #12; Sat, 17 Oct 2009 17:05:00 GMT
    • Quote:
      Let's say I'm not who I say I am. Why? What motive would someone have to lie about being an attorney and commenting about a case in likely a different state.
      Sometimes little people with big egos get beyond themselves and try to pretend they're something that they're not. It happens.

      Quote:

      (2) Reporting me to the admin? The admin never asked for my bar card number when I registered. Frankly, I dont know "who you are" so I will refrain from giving you my identity and bar card number.

      You were not asked to provide your details to Wireless. But if you claim to be an attorney, yes, you better be able to prove that to the administrators of this site.

      Quote:

      You're really not worth responding to in future posts, but I had to put in my three cents.

      Interesting.
      #13; Sat, 17 Oct 2009 19:36:00 GMT
    • Quote:
      === Original Words ===

      I'm an attorney in Texas and I currently have a case on file regarding a young girl who swallowed glass from an Arizona Tea bottle. I'm interested in learning more about this incident.

      Where did the OP consume this product?

      In my experience, a case like this is definitely worth more that ER expenses and out of pocket expenses.

      It has nothing to do with a money grab, which the general public is programmed by big business and television to accept as the evil of any lawsuit. Lawsuits, leading to monetary judgments, force companies to improve their quality assurance procedures in order to avert these types of incidents in the future.

      You better be ready to back up what you say. I am reporting your post to admin, to ask them to make sure you are who you say you are. In addition this is a community where people come looking for help, so please tread lightly ~ this is not a place to troll for the next paycheck.
      #14; Tue, 13 Oct 2009 23:40:00 GMT
    • cool...thanks for the speedy reply.

      there should definitely be a recall on that stuff though. in doing my research it looks like the flaw is in the bottling process....they bottle those teas hot, and it can crack the inner layer of glass during the cooling process.

      That's dangerous...I hope nobody out there is getting hurt by that stuff ;-/

      #15; Wed, 30 Sep 2009 19:23:00 GMT
    • No legal recourse, but you can report the incident to the manufacturer and probably get some coupons.
      #16; Wed, 30 Sep 2009 19:11:00 GMT