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Frog In Salad Bag From Walmart Ruins Meal For Florida Woman (Mealbreakers)

Posted: 10/24/2012 3:12 pm EDT



You can't help but be a little worried anytime you take a week-old bag of salad greens out of the fridge. But the worst you usually encounter is wilted greens. A woman in Minneola, Fla. found something far more gross when she opened her crisper this morning. According to WFTV9, she picked up the bag of Marketside greens she bought at Walmart last Thursday, Oct. 18, and found a live frog camped out inside her salad bag.

You can tell that the frog is alive because its heartbeat is clearly visible in a video posted on the WFTV9 website. Wonder how a frog survived that long inside a plastic bag? Most plastic used to package salads these days is slightly permeable, which allows the lettuce -- and apparently, any stray amphibians -- to breathe. The bag was unopened, so it's extremely unlikely that the frog entered the bag anywhere but the Market Fresh factory.

Shockingly, this is far from the first time an innocent customer has discovered a Mealbreaker-worthy frog inside a bag of mixed greens.

Two different UK residents found them in September 2012 alone -- a dead one in a bag of salad from Tesco and a live one in a salad from Waitrose. Stateside, you have to go back to November to find a similar case -- this one from a salad purchased at Costco -- that attracted similar publicity.

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Um I found one in a package of Earthbound Farms Organic Spring Mix I bought from Costco a couple of years ago. I don't see what the big deal is. Frogs live where this stuff grows its gonna happen. Though the frog I found was dead not alive. I didn't eat that salad but I still buy organic spring mix.

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frog meat is nice! you can boil, fry, grill or eat like sushi...

it´s easy to cook, light and you can eat a lot of them.

I tasted snakes, frogs, big fishes, turtles, sharks, eel, fresh water shrimp, some types of bugs and many other things. damm they´re good!

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Buy a ginger beer and get a free snail... and a place in common law legal history. It is often referred to as the "Paisley snail" or "snail in the bottle" case that established the legal foundation for product liability and negligence. The snail that alunched millions upon millions of law suits... and it may never have in fact existed.

Donoghue v Stevenson[1932] UKHL 100, [1932] SC (HL) 31, [1932] AC 562

In that case Lord Atkin commented that he did "not think a more important problem has occupied your Lordships in your judicial capacity, important both because of its bearing on public health and because of the practical test which it applies to the system under which it arises". He agreed with counsel, based on his own research, that Scots and English law were identical in requiring a duty of care for negligence to be found and explained his general neighbour principle on when that duty of care arises.

At present I content myself with pointing out that in English law there must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. The liability for negligence, whether you style it such or treat it as in other systems as a species of "culpa," is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot, in a practical world, be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer's question, Who is my neighbour? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.

As a recent article from the BBC notes:

How a case about a snail gave power to modern consumers and launched a million lawsuits.

This is the story of how our modern law of negligence came about all because of a fizzy drink.

And a mollusc from Paisley in Scotland.

The mollusc in question was a common snail that ended its days in a bottle of ginger beer. It made legal history in the 1932 case of Donoghue v Stevenson.

It begins on an unremarkable Sunday evening on 26th August 1928. May Donoghue, a shop assistant, met a friend at the Wellmeadow cafe in Paisley, near Glasgow.

Her unnamed friend ordered and paid for a pear and ice cream ginger beer 'float' for May.

When the ginger beer was poured into her glass, it was alleged the decomposing remains of a snail dropped out of the darkened, opaque bottle.

May complained of stomach pains, and a doctor diagnosed gastroenteritis and shock.

But if you are thinking McDonalds, hot cups of coffee and big bucks compensation, think again. This is 1928.

No legal redress

In those days, the common law only acknowledged a duty of care was owed to people harmed by the negligent acts of others in specific and limited circumstances.

For example, this was the case where a contract existed between the parties, or where a manufacturer was making something dangerous, or acting fraudulently.

As the law stood, May Donoghue could not take legal action over her snail.

As May's unnamed friend had paid for the drink, it meant May had not entered into a contract with the cafe owner.

Clearly, neither May nor her friend had a contract with the manufacturer of the ginger beer.

The latter had not committed fraud. And ginger beer could hardly be described as dangerous.

To the rescue came one doughty and determined solicitor called Walter Leechman, who took up May's case.

He had already brought two cases against another drinks manufacturer, AG Barr, alleging a dead mouse had been found in a bottle of their ginger beer.

Leechman had lost both cases, but he went ahead and issued May Donoghue's writ against David Stevenson, the manufacturer of the ginger beer.

The case went all the way to the highest court in the land. It was heard in the House of Lords on 10th December 1931, three years after May allegedly discovered the snail.

Her counsel argued that a manufacturer who puts a product on the market in a form that does not allow the consumer to examine it before using it, is liable for any damage caused.

Remember May could not have examined her ginger beer before drinking it because the bottle was dark and opaque.

Lord Atkin of Aberdovey, one of the greatest judges of the twentieth century, was on the panel who heard the appeal.

'Love Thy Neighbour'

On 26th May 1932, he found in favour of May Donoghue and rose to give the leading judgment in the case.

"The rule that you are to love your neighbour becomes in law 'You must not injure your neighbour'; and the lawyer's question: 'Who is my neighbour?' receives a restricted reply.

"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour."

And with those words the modern law of negligence (and product liability) was born.

Lord Atkin based his judgment on the Christian principle of 'loving thy neighbour', and the parable of the Good Samaritan.

This elastic term could now be applied to almost any relationship, in any circumstances.

Among other areas, it covers personal injury, product liability, professional negligence on the part of doctors, architects and even lawyers themselves.

For many, Lord Atkin's judgment was a noble principle based upon the Gospel of Luke.

For others, it went too far, giving birth to our modern compensation culture.

It has made many lawyers and insurance companies rich, but it has also seen the ill and injured compensated for losses caused by the negligent acts of others.

In the original case, David Stevenson died less than a year after the Law Lords' decision, and his estate settled May Donoghue's claim to the sum of £200.

But what, I hear you ask, of the snail itself?

Its claim to fame was that it launched a million lawsuits. And it gave power to the modern consumer.

Ginsters' snail

In 2008, 21-year-old Simon Enticknap from Basingstoke bit into a Ginsters chicken and mushroom slice and found….a snail.

Even though he avoided eating it, Ginsters apologized immediately, and sent £25 in compensation.

The speed of their response was down to the Paisley snail.

But to this day, no-one knows for sure if there ever really was a snail in May Donoghue's bottle of ginger beer.


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I'll take a frog in my salad over this any day:



TULSA, Okla. — One of the most deadly spiders in the world has been found in the produce section of a Tulsa grocery store. An employee of Whole Foods Market found the Brazilian Wandering Spider Sunday in bananas from Honduras and managed to catch it in a container.

The spider was given to University of Tulsa Animal Facilities director Terry Childs who said this type of spider kills more people than any other.

Childs said a bite will kill a person in about 25 minutes and while there is an antidote he doesn't know of any in the Tulsa area.

Spiders often are found in imported produce, and a manager at Whole Foods says the store regularly checks its goods and that's how the spider was found.

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