QUESTION
Should I file a lawsuit for undercooked chicken from a fast-food restaurant?
Asked on Jan 14th, 2014 on Litigation - Washington
More details to this question:
On my way to work, I needed to grab something quick for lunch. I went to a fast-food restaurant and order chicken tenders and fries. When I got to work and sat to eat my food, everything appeared normal. The chicken tenders were breaded so I did not notice anything wrong at first. I took a bite, noticed it tasted different and thought maybe it was just a fatty portion. I took another bit looked inside of the tender and realized it was undercooked. I tore open each strip and saw the same results. Immediately I called the restaurant and explained my finding and they said they would refund me. If get sick what immediate actions should I take? Would filing a lawsuit now for receiving undercook chicken be a good idea?
14 ANSWERS
Ronald A. Steinberg
Why would you want to? No one wants undercooked chicken. You sue because you got ill from eating it. If you did not get ill from it, then you take it back and ask for a refund.
Answered on Feb 10th, 2014 at 11:03 AM
Sure. Just be ready to cough up a couple hundred dollars per hour in legal fees that your lawyer will surely require of you.
Answered on Jan 17th, 2014 at 4:24 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Accept the refund and forget about it.
Answered on Jan 17th, 2014 at 4:24 AM
Michael J. Breczinski
If you get sick from the chicken, then you have a lawsuit and not before. Except for the price of the meal.
Answered on Jan 17th, 2014 at 4:24 AM
Definitely not. You have suffered no damages; a successful lawsuit requires negligence and damages. No attorney would represent you and you would lose in Small Claims court. Ask the company to refund more than the cost of the one meal, but they probably will not.
Answered on Jan 17th, 2014 at 4:23 AM
Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on Jan 16th, 2014 at 1:32 PM
James Eugene Hasser
There is no suit for personal injury unless you were injured. The only case is a contract claim for your money back. Good luck.
Answered on Jan 16th, 2014 at 1:32 PM
It would not gain you anything to file a law suit now unless you have proven damages.
Answered on Jan 16th, 2014 at 1:32 PM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Usually you can resolve such claims without filing suit. However, if not successful, suit can be filed any time within a year of your being injured. Certainly DO seal the chicken in a freezer bag and freeze them immediately to preserve them, in the event they are needed as evidence. Also, ensure that the restaurant documents the incident, and get a claim number, if possible.
Answered on Jan 16th, 2014 at 1:27 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You aren't going to sue. Get your refund.
Answered on Jan 16th, 2014 at 1:27 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Not a good idea for two reasons: 1. Lawsuits are expensive and will not justify unless you can clearly show injury and loss in medical expenses etc. 2. Sounds like you are inquiring of a possibility? Possibilities do not create a claim. You have not mentioned if you have been injured or been to a hospital or physician. Make sure you have complete facts when you post your question.
Answered on Jan 16th, 2014 at 1:26 PM
Thomas Edward Gates
You have no damages, no one will represent you in a lawsuit.
Answered on Jan 16th, 2014 at 1:26 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Your case is for breach of contract or warranty of fitness. It is worth the price of the chicken. If you get sick and the doctor can prove the causation you might have a better claim. Right now you don't have anything. you see it costs almost a hundred just to file a small claim and it doesn't make sense to sue for the price of the chicken
Answered on Jan 16th, 2014 at 1:26 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Don't file a suit unless and until you know that the food was adulterated AND you get violently ill from the same. If you still have the chicken, keep it refrigerated until you know that you have not been poisoned by having eaten some of it, i.e., preserve the evidence.
Answered on Jan 16th, 2014 at 1:25 PM