QUESTION
Can I sue a fast food for large chucks of Teflon being on my meal?
Asked on Feb 12th, 2013 on Personal Injury - New York
More details to this question:
I was eating a hamburger when I bit something crunchy. It hurt swallowing so I looked at the burger and found large chunks of Teflon.
15 ANSWERS
Ronald A. Steinberg
You could get a replacement meal. That is all you are entitled to receive. If you broke a tooth, or suffered some other injury, then you would have a "bigger" case.
Answered on Feb 21st, 2013 at 10:06 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Can you sue them for the Teflon Presumably you can. But is it worth it. That is, what are your damages which are the direct, natural result of the Teflon being in the hamburger. You might simply notify the restaurant and let them give you a free meal or something similar.
Answered on Feb 15th, 2013 at 6:02 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, you can, for breach of contract for breach of warranty. The value of your claim is the price of the burger, what is that 4,5 or 6 dollars?filing and service fees are about a hundred. Assuming you don't need an attorney and can handle the Judge Judy court yourself. Where do you think you can go with this?
Answered on Feb 14th, 2013 at 9:22 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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You can sue but, unless you suffered some sort of an injury (or, damages)for example, you choked on one of the large chunks of Teflon and had to be taken to the hospital you do not really have enough to succeed in a lawsuit. Further, regardless of whether or not you were not harmed by the chunks of Teflon, you should definitely bring it to the attention of the manager at the particular fast food restaurant you dined at. Best of luck to you.
Answered on Feb 13th, 2013 at 7:14 PM
Edwin K. Niles
Yes, you can sue. But I doubt that any attorney would be interested in doing so, as your damages are small. How have you been hurt?
Answered on Feb 13th, 2013 at 2:16 PM
Did you go to the emergency room? As a result of eating the teflon, did you suffer any physical harm to your body? If not, you don't have a case with any damages. I suggest you write to the corporate office, and send a picture of what you found in your burger and bring it to their attention. Maybe they will send you a coupon or an apology letter, or something along those lines.
Answered on Feb 13th, 2013 at 2:14 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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The key to your question is whether or not you sustained any damages by virtue of swallowing Teflon. If you sustained no damages, then you would be wasting your time filing suit against the restaurant. If the Teflon passed through your system without causing you any harm, then what you are left with is some emotional distress, no medical bills, no loss of work, and more than likely no evidence to support your claim. Doesn't look like a case that any attorney would want to handle on a contingent fee basis.
Answered on Feb 13th, 2013 at 2:14 PM
Unless you have actual damages (physical or emotional) backed up by a visit to a doctor or hospital, there is nothing to pursue. You should report the incident to the fast food place.
Answered on Feb 13th, 2013 at 2:13 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What are you damages beyond getting a a bad burger? You should receive a replacement burger. You have a cause of action but negligible damages.
Answered on Feb 13th, 2013 at 1:56 PM
James Eugene Hasser
Yes, you can and you might win. How much it would be worth, though, will depend on how bad you were injured. Unless there was some serious permanent damage done, you probably can work something out with the insurance adjuster without having to get a lawyer. It never hurts to talk with one, though.
Answered on Feb 13th, 2013 at 1:55 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Only if you suffered harm (and I mean beyond the momentary pain from swallowing the Teflon).
Answered on Feb 13th, 2013 at 1:55 PM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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It is likely you could sue the fast food chain for negligence. With that said, your recovery would likely be limited to the damages you sustained as well as pain and suffering. If all you experienced in terms of damages was pain while swallowing, your recovery may be limited. You might try and initiate a lawsuit in the hopes of retrieving a settlement, however, because it is likely the fast food chain will want to keep this quiet. Whether you took pictures or have any other hard evidence that there was in fact Teflon inside your burger patty will also be important to your case.
Answered on Feb 13th, 2013 at 1:54 PM
Christian Joseph Menard
A food establishment has an obligation to serve its food free of any foreign objects. Teflon is definitely not an innate product of beef. You have a case. Make sure you save the "evidence", place the establishment on notice and hire an attorney to handle the matter on your behalf.
Answered on Feb 13th, 2013 at 1:53 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Only if you were injured.
Answered on Feb 13th, 2013 at 1:53 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Sure you can, but if you didn't incur any medical bills, and cannot prove any damages other than it hurt when you swallowed, it's not worth the time to make the claim. If you approach the manager of the fast food restaurant, I'll bet they'll at least offer you a bunch of food gift certificates to their restaurant.
Answered on Feb 13th, 2013 at 1:53 PM