QUESTION

Can I file a lawsuit on a fast food chain that had roughly nine hairs in my latte?

Asked on Dec 17th, 2012 on Personal Injury - California
More details to this question:
Picked up drink in the drive thru. Went to work and looked in the cup and found the hairs. Took pictures and called management. I poured the drink out in front of her and found a few more hairs at the bottom of the cup. She gave me my money back and a ten dollar gift card. This is not just an inconvenience, but downright filthy.
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7 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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What damages do you think you deserve?
Answered on Jun 21st, 2013 at 1:03 AM

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Ronald A. Steinberg
I think that the minimum is 10 hairs. Actually, yes, you can sue. However, what are your actual damages? No lawyer would be interested in pursuing it because it is too small.
Answered on Dec 27th, 2012 at 11:10 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Contact the corporate or head office for the fast food chain to see if a monetary nuisance settlement can be reached without litigation.
Answered on Dec 20th, 2012 at 12:08 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You were not injured, so it is just an inconvenience. You could call the health dept and complain, which will trigger an inspection, and report the local establishment to the national headquarters of the chain, and they will take action to force the local establishment to clean up its act.
Answered on Dec 18th, 2012 at 9:36 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You have no damages. You have more than been repaid for your contract loss. You can sue and it will take some lawyer about $10000 worth of time to marshal a case through superior court.
Answered on Dec 18th, 2012 at 9:35 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You can file a lawsuit, but in my opinion, you probably will not get much more than they have already given you.
Answered on Dec 18th, 2012 at 9:35 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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You are better off filing a small claims action that will get you a hearing faster and won't cost you as much in time or stress. The jurisdiction in small claims is $10,000 and even if a jury were to find fast food chain was negligent, which is not a slam dunk, however, even assuming they do they are not going to award much in the way of damages. If they like you could be as much as $2,500 if you testify that you suffered a large degree of emotional distress, which the jury finds is reasonable, or $1 is they think you are being a whiner. Small claims will cost you $50 to file and will typically get hearing date within 60-75 days depending on where you live and what jurisdiction you live in.
Answered on Dec 18th, 2012 at 9:34 PM

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