Can I sue a fast food restaurant for being so insensitive?

Question

I am a vegetarian by religion and I ordered vegetarian food at a fast food chain. To be sure, I reminded the lady at the counter as well that I want vegetarian food only (who happened to be from same country as mine so she understands what it means for me to be vegetarian).  This place was not crowded or anything so I hoped that there wouldn't be any issues. However, when I started eating food given to me, I discovered it had Chicken in it. When I took it to counter, and explained it to manager, the manager’s answer was “so you don’t like chicken?”. I feel absolutely terrible knowing that I ate an animal and feel like vomiting since then! I know it’s not a big deal for most people here but I feel violated!

Ronald A. Steinberg · Answer

I am not really sure if you do have a cause of action.  I could argue that both ways.  Frankly, I think that if you have very strict religious beliefs pertaining to food, you just cannot eat at most "fast food" places because they offer foods that sell to the average public.  

You don't really fall into that category.  Even though the order taker may have appeared to come from a similar (or the same) back ground as you, you cannot assume anything.  Besides, that person was working (by choice, I would think) at a fast food restaurant, so if that person compromised his/her culinaryreligious feelings, you cannot rely on them to guide you.  

Your claim would be for what I would call "hurt feelings."  The monetary value of such a claim could have little or no value to a normal jury; on the other hand, it could have a more substantial value, but as a trial attorney, I probably would not accept such a case to litigate because of the uncertain value.

Irving Blank · Answer

You can sue the restaurant, but it does not sound like your damages are sufficient to justify a jury trial.  Did you go to a Dr.?  You should consider filing suit in a General District Court for $25,000 and representing yourself.

David Stoddard · Answer

You can sue.  However, there is a good chance that you would be awarded only the cost of the meal.

Jeffrey Lapin · Answer

You may have a claim against the fast food restaurant for "intentional infliction of emotional distress." 

Additional information about the events would be necessary before I could give a more definitive answer about the likelihood of success for this type of claim.  

I would suggest talking to an attorney about the possibility of pursuing a claim against the restaurant.

Thomas Bulman · Answer

Lawsuits are very expensive.  How much are you will to pay to make your point against this corporation?

Andrew Velonis · Answer

Theoretically, you would have a cause of action for negligent infliction of emotional distress.  But, with regard to damages, there would not be much to it, since there was no injury.

Paul Whitfield · Answer

Price of the meal maybe. You would get involved in litigation that might take  many thousands of dollars on both sides of the case. Is that what you would really like to do here?

John Brennan · Answer

You can sue anyone for anything, the question here is what are your damages and what could you recover.  I suspect strongly your legal fees would exceed your recovery.  I, if I were you, would complain to the management and never return to that restaurant, and perhaps chain, again.

Steven Shaw · Answer

That would be an extremely tough claim to make.  You would have to provide medical evidence that what happened injured you, and that would be a huge challenge.  Damaging our sensibilities is awful, but not compensable in most cases.

Stephen Lombardi · Answer

Answer: I'm a meat eater so if that's a conflict with my opinion it's out   there for your consideration. 

Your last sentence points out the challenge  with  this type of claim. How does one make such a claim economically feasible  in a  world that eats meat? 

It's similar to an patient with aids wanting to  sue a  dentist for discrimination after being told not to come back when  the doctor  learns his patient has aids. What juror will side with the patient  when the  dentist (who probably has a family) is worried about contracting  aids and  leaving his family without the breadwinner.    

In your case a jury is seated and after hearing what the case is about   wonders how the legal system can waste their time over something so trivial.  The  jury is then angered and will make the plaintiff pay the price with a  zero  verdict. 

The lawyers can't stay in business when the case comes back with  zero  or very low damages. It's not unheard of for the jury to award a  dollar in  damages and the court to award the attorneys an extremely low fee  based on the  dollar recovery. 

We lawyers are between a rock and a hard place  with the laws  the legislature passes seemingly giving voters rights with no  way to enforce the  right.    It's senseless from a lawyers standpoint. Other than for a test question in  law school it's a worthless right.

Andrew Myers · Answer

No.  Legal claims for emotional upset and the terms 'emotional distress' as we all use them are two very different things and you do not have a legal claim for eating meat at a fast food restaurant.  Go to my blog for more on Emotional Distress Law and Personal Injury.  I am a former vegetarian, so get as mad as you want.  It is the correct answer.  Please read this book:  Fast Food Nation, by Eric Schlosser.  It will cure you of going into fast food restaurants if you are in fact serious.

Bernard Huff · Answer

You should consult with a plaintiff's attorney who handles cases against  restaurants and other food establishments for specific legal advice and  direction.

Bruce Arthur Plesser · Answer

Yes. Damages have to be proved.

James Kelaher · Answer

You would have the right to bring a claim against them but I have a hard time believing that they would offer you any significant money.

Ernest Lee · Answer

Friend:                  It is very possible. It would depend on the facts and circumstances of your visit to the restaurant and on your religion and the reasonableness of your religious restrictions.   According to the facts you have given the restaurant may have been negligent.

Stuart Nachbar · Answer

I do not believe that you have a cause of action that is quantifiable for damages.

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