QUESTION
Can I sue if I found a cooked roach in my food?
Asked on Nov 01st, 2011 on Personal Injury - Virginia
More details to this question:
I ordered pizza on Thursday and a roach was cooked in the pizza. Do I have a case? I took pictures of the pizza with the roach and returned the pizza to the restaurant. I charged it on my debit card and my husband witnessed it.
17 ANSWERS
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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You will not be able to bring a personal injury case because you have not been injured unless you can show you have been injured.
Answered on Jul 03rd, 2013 at 2:03 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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What are you going to sue for as far as damages? That you were so grossed out that you will never eat pizza again? That may be your best argument because you did not eat the pizza or the roach and suffered no physical injuries. So what is it worth to find a roach cooked into your pizza? $500? $1000? Certainly not something a lawyer would likely take on contingency, and you might be better off in small claims court.
Answered on Nov 08th, 2011 at 8:29 AM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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To answer that question three things must be considered - first, liability; second, damages; and third, can you collect? As to liability - the facts will determine if another party is at fault for your injury. Liability on the part of another party, the defendant, must be evident - the defendant must have acted in a way which was negligent and caused you harm. In your case the restaurant has a duty to provide food fit for human consumption and obviously a pizza with a roach fails that test. However, the second consideration is the damages, the measure of the harm you have suffered. Not to be dismissive of your experience, but frankly if you merely found the roach and suffered no other harm then it is not in your best interest to invest time and money in a lawsuit.
Answered on Nov 03rd, 2011 at 9:21 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you have an injury that's worthwhile then yes. You'll Need medical treatment, etc.
Answered on Nov 02nd, 2011 at 2:54 PM
Theodore W. Robinson
Yes, you have a "case" but its notusually worth awhole lot since you didn't eat the roach or become ill from seeing it. Therefore, while it is good business for the pizza place to take the pizza back, there is likely no real damage or injury for whichyou can be compensated. However, the bestdetermining factor is toconsult with a few negligence lawyers and see if any of them willentertain your case for you. If they will, then you may still have a case - but of limited value unless there is greater damage or injury to you and your family than you've shared here.
Answered on Nov 02nd, 2011 at 1:59 PM
Houston D. Smith III
There's an old saying: anyone can sue anyone for anything. Sure you can sue, but you probably won't get very far without some physical injury. Rather than clogging up the courts with a case like this, you might consider contacting the manager or owner of the business and bring the matter to their attention. Perhaps they will offer some roach-free pizza as a thank you and compensation for the experience.
Answered on Nov 02nd, 2011 at 1:59 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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Have the restaurant refund your money and don't order from them again. Unless the restaurant has a history of this type of activity or poor inspection ratings, you may find a hard time obtaining a large judgment in a lawsuit. There are cases where people have been award large settlements for this type of incident, but those are not the norm. In addition to asking for your money back and unless you plan to order from them again, request additional reimbursement for your time and inconvenience.
Answered on Nov 02nd, 2011 at 1:36 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Only if you became I'll. Otherwise, there are little or no damages.
Answered on Nov 02nd, 2011 at 1:05 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If you have not already done so, I urge you to report the business to the health department. In order to sue for damages caused by this incident you must prove that you suffered an injury as a result of this ordeal. If you did not get sick and require medical attention, while it is inexcusable what happened, you have not suffered any obvious physical injury. Therefore it is unlikely that you can successfully pursue a claim for personal injury.
Answered on Nov 02nd, 2011 at 9:18 AM
New User
You have a case, but probably not much in the way of damages.
Answered on Nov 02nd, 2011 at 9:04 AM
Assault Attorney serving Richardson, TX
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If you did not eat it and there was no mental trauma there is no damage so no recovery. You can file a complaint with the state and federal health departments if you wish to help clean up the problem.
Answered on Nov 02nd, 2011 at 5:01 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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If you didn't eat the roach, your case is not worth much more than the cost of the pizza. After litigation fees, you might get half the pizza's worth of damages. Better to approach the pizza joint and ask for a refund.
Answered on Nov 02nd, 2011 at 5:00 AM
Every case must have negligence (or wrongdoing) as well as damages (or injuries). In this case, one could certainly argue there was wrongdoing (a roach should not be in your pizza!), but your damages are minimal. You had some aggravation and a lost pizza (and if the store replaced your pizza or gave you your money back, then there is no loss here). It doesn't sound like it is worth pursuing as you were not injured in any way from this.
Answered on Nov 01st, 2011 at 11:03 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What is your claim? The $10 for the pizza? Usually when something like this happens the manager will forgive your bill and apologize. Some times give you a freebie. What else do you want? You get damages for real injury, not for some technical mistake. If you had gotten ill and had serious medical bills as a direct result that would be a different matter. Do you see the difference? You don't get damages for small mistakes people make, you have to prove damages as well .
Answered on Nov 01st, 2011 at 11:02 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Food adulteration cases are usually frivolous and the permanent harm is hard to justify to a skeptical jury. Food poisoning or bacterial infections that destroy kidneys, livers or kill are viable claims.
Answered on Nov 01st, 2011 at 11:01 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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What are your damages? Did you eat it? Are you seeing a mental health provider? I suggest you try to work something out with the pizza place.
Answered on Nov 01st, 2011 at 11:00 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Did you eat the pizza? Did you get sick? If not, you do not have a case.
Answered on Nov 01st, 2011 at 11:00 PM