Consumerist blog describes a case in which a woman bought a Godiva's pretzel covered in chocolate and broke her tooth on it while eating it. She contacted a customer care department of Godiva and was offered an apology gift. She wanted more, though...
I wonder whether that case could fall under Product Liability Directive if the consumer could actually prove causal relationship between eating the pretzel and the broken tooth. The damage is there, for sure. How would she prove that the product was defective, though? Would you measure the hardness of the pretzel in comparison to other pretzels to say what could reasonably be expected of a pretzel? How would you know how hard the pretzel was at the day she was trying to eat it? I guess it could help her that there was no expiry date on a package which means the pretzels should be edible at any time she'd like to have them. And finally: is the pretzel still there as an evidence (or has it been eaten)?
