QUESTION
Can I sue a fast food restaurant for negligence due to a large piece of serrated plastic in my food that stabbed my mouth?
Asked on Apr 24th, 2013 on Personal Injury - Michigan
More details to this question:
I have contacted the company three times and everyone I spoke with doesn't seem to get the size of this plastic and acts like it's a piece of a plastic bag or something. They keep offering more gift cards but why would I want a gift card from their restaurant? If I would've swallowed this, it would've cut my esophagus and I could've had severe internal injuries. Never mind the fact that I just happened to pick that taco and not given it to my 5 year old. And the district manager has insinuated that I placed the plastic there myself.
9 ANSWERS
Ronald A. Steinberg
yes. If the food contained something that was foreign to the food (a rock in a piece of cherry pie), then you have a claim for breach of contract and for breach of warranty.
Answered on Apr 29th, 2013 at 7:52 PM
Personal Injury Attorney serving Denver, CO
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Law Offices of Bradley S. Freedberg
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Take them to small claims court.
Answered on Apr 25th, 2013 at 9:49 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Just sue the restaurant and go forward with your case. Just don't lose the piece of plastic.
Answered on Apr 25th, 2013 at 9:21 PM
James Eugene Hasser
Yes, but you will need the plastic as evidence. However, I wonder whether your damages will justify the time and expense of pursuing a claim. If there is nothing really seriously wrong, you should probably try your best to settle the claim with them short of filing suit. If you have to file suit, you may be able to do it yourself in Small Claims Court. You also might want to talk with an experienced accident lawyer.
Answered on Apr 25th, 2013 at 8:36 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue, but you shouldn't expect to gt much. If you can settle the case for over $100.00, you are probably doing good.
Answered on Apr 25th, 2013 at 8:21 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Don't talk to be about "would've" and "could've". What were your injuries? Did you need oral surgery? Emergency room treatment? Did you have medical expenses? Do you have the piece of plastic? Some people do indeed try to pull such scams, so it's understandable that the district manager might be suspicious even if that suspicion is not justified.
Answered on Apr 25th, 2013 at 8:19 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you sustained damages, in theory you could sue the restaurant. However it does not appear that you had to see a doctor for the "stabbing" to your mouth. Unless there is something more about the incident, I don't think you will find an attorney willing to proceed on your behalf on a contingent fee basis.
Answered on Apr 25th, 2013 at 1:18 AM
Family Attorney serving Little Chute, WI
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Van Hoof Law Firm LLC
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It sounds like you have a cause of action against the fast food company. However, it also sounds that you caught the plastic before it did substantial damage or injury so the cost of pursuing the matter in court may exceed the amount you will recover. You are not compensated for what could have happened. You should also keep in mind that many of these companies will spend thousands to defend such actions.
Answered on Apr 25th, 2013 at 1:15 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You are in titled to your damages, which appear to be minimal.
Answered on Apr 25th, 2013 at 12:30 AM