Can I sue Oscar Mayer for eating their cold cuts and almost choking on a half inch bone that came in the package?

Question

Can I sue Oscar Mayer for eating their cold cuts and almost choking on a half inch bone that came in the package?

Answer

You must prove two elements to successfully litigate a tort action. First, you must prove liability - that the defendant is responsible for a "wrong". Second, you must prove damages.

Assuming that Oscar Mayer was negligent in allowing a 1/2 inch bone in your meat, and assuming that you were not negligent in failing to see a 1/2 bone before you prepared and ate your sandwich, what are your damages? Did you go to the hospital? Was there an operation? Did you miss work? Was there an out-of-pocket loss? If you had no damages as a result of Oscar Mayer's negligence, then you will receive no money to make you whole.

Mike.