QUESTION
I found a roach in my water after I consumed it do I have a case?
Asked on Dec 06th, 2012 on Entertainment Law - Montana
More details to this question:
Found the roach after I finished the water about to eat a piece of ice. Got sick lost the whole meal then the manager admitted it’s the filters in the ice machine do I have a case?
14 ANSWERS
Daniel P. Mitchell
Yes.
Answered on Apr 24th, 2013 at 2:38 AM
1 Award
Yes.
Answered on Apr 14th, 2013 at 8:17 PM
John J. Carney
Unfortunately, most personal or civil lawyers will not take a case unless it is likely to get $100,000 or more in damages or unless it is against McDonald's or a big chain who might settle to avoid the "rat in hate KFC bucket" or " finger in the burger case", but you can call 10 or more in your area and see if any of them are interested.
Answered on Dec 09th, 2012 at 10:34 PM
You should contact the owner of the ice machine and/or the manager of the food establishment to see if the matter can be settled.
Answered on Dec 07th, 2012 at 1:05 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Technically, yes. But I would hope that people with trivial events in life such as yours would avoid clogging up small claims court.
Answered on Dec 07th, 2012 at 1:05 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, but foreign objects (including bugs), but juries usually award very little for foreign objects (including bugs) in food cases.
Answered on Dec 07th, 2012 at 1:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have a case of breach of implied warranty. It is worth the price of the meal or perhaps an ER bill if you have one. What in seriousness do you expect to do with such a matter? There are probably roaches in every kitchen in America. You just don't always see them. this time you did. Lawsuits are based on real damages and serious injuries not just technical mistakes.
Answered on Dec 07th, 2012 at 1:04 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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What are your damages? Did you seek medical care and incur medical expense? If not, then I'd bet they will offer you a gift certificate to that restaurant and I think it would be a good idea to take it.
Answered on Dec 07th, 2012 at 1:04 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes, but realistically, what are your damages? I think you will have great difficulty getting an attorney to take this on contingency when the damages are virtually nil. Since you did not indicate you went to the hospital or doctor I presume no medical bills. I would recommend a letter to the restaurant with a demand for compensation. If you don't get what you want, you can sue in Small Claims court.
Answered on Dec 07th, 2012 at 2:18 AM
Susan Marie Basko
I'm not a personal injury lawyer. But I do think you should file a complaint with the local Health Department that there are roaches in the restaurant and obviously in the machine used for water and ice. And contact a personal injury lawyer.
Answered on Dec 07th, 2012 at 2:17 AM
Ronald A. Steinberg
Sure. Biggest case I ever saw. Worth millions and billions. NOT!!!! It may be worth a free dessert.
Answered on Dec 07th, 2012 at 1:54 AM
You have a case as the restaurant appears negligent, but what are your damages besides the loss of the cost of the meal and some discomfort? You would get very little in Small Claims Court.
Answered on Dec 07th, 2012 at 1:37 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You probably have a case, but probably not much in the way of damages. I would suggest you ask for refund for the meal or, if you wish to continue eating in the establishment, a free meal to replace what you lost.
Answered on Dec 07th, 2012 at 12:54 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Food adulteration claims don't have much value unless there is physical illness and possible permanent injury or death, like from e-coli or botulism. Everyone on the jury has had a hair in their egg salad so get over it.
Answered on Dec 07th, 2012 at 12:41 AM