QUESTION

Can I sue the fast food restaurant for having blood in my sandwich?

Asked on Mar 07th, 2013 on Personal Injury - New York
More details to this question:
I was eating at a fast food place and after I took a bite of my food, I noticed the top of my sandwich has blood on it. When I took it back to the counter, I found out that one of the cooks did indeed cut his finger. It's been two days since the incident and I haven't eaten anything. When I try to eat I throw up. I've been freaking out over the fact that I bit into this blood and that I'm going to catch something. I cannot afford to go to the doctor. I feel that the company is not as concerned as I thought they should be over something as serious as this.
Report Abuse

11 ANSWERS

You could sue, but you will have problems proving your damages.
Answered on Mar 08th, 2013 at 11:27 PM

Report Abuse
Ronald A. Steinberg
You have a case for food contamination.
Answered on Mar 08th, 2013 at 10:00 AM

Report Abuse
Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
Update Your Profile
Yes, you can sue for this, and I would recommend visiting a local personal injury attorney right away. I hope you kept the bloody sandwich as evidence. I would photograph it immediately, wrap it in plastic wrap, label it for what it is, and store it in the freezer. Don't let anyone touch it until an expert tells you what to do with it. I hope you know the name of the cook and the manager of the restaurant, and have written their names down along with the date and time of the incident and the names of any witnesses. I hope you had people there with you who can verify what you say, and I hope they will take the time to write down what they remember now, since no one's memory is perfect or long-lasting. These things, along with your own memory and testimony, are necessary to prove your case. You need to get yourself to the doctor's office right away, and if you can't afford it, borrow the money. You need to make sure you are all right, or if not, you need to get all the treatment necessary to get better as soon as possible. You need this for your health and peace of mind, and also because you have to do what you can to mitigate damages, including both mental and physical harm to yourself. I hope this helps. Good luck to you.
Answered on Mar 08th, 2013 at 5:11 AM

Report Abuse
Criminal Law Attorney serving Sacramento, CA at Alison Elle Aleman
Update Your Profile
You probably can, but proving damages may be a problem. You need to verify that you were physically harmed, and that would have to come from a doctor.
Answered on Mar 08th, 2013 at 5:11 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You are not hurt and this is not serious and no one will ever think it is. you have a breach of contract for the price of the sandwich. An apology and your money back would put everything in order. Your claims about worrying wont hold water and even if they did you would have to have a medical doctor testify for you and maybe a lab expert. Get on with life.
Answered on Mar 08th, 2013 at 12:26 AM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
Yes you can sue. You can probably handle the claim, however, without having to file a lawsuit. If you want legal representation, find a personal injury attorney in your area. If you retain an attorney, perhaps the attorney can get your blood tested on a lien basis so you do not have to come out of pocket. Ask about that when interviewing an attorney to hire.
Answered on Mar 08th, 2013 at 12:04 AM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
Of course you can, but proving what your damages are may be a bit difficult. Have you been to a doctor yet to tell him of your experience? If you are limited to just throwing up, chances are your case would not be worth much at all. There are many diseases which you might possibly have caught from ingesting food contaminated with the blood of someone else, but if you do not contract any known disease, they most likely will not offer you much. Additionally, all of the testing you would have to undergo to rule out diseases from the contamination would be expensive and if you have any insurance, it will probably not pay for this testing in the absence of symptoms by you.
Answered on Mar 07th, 2013 at 11:53 PM

Report Abuse
James Eugene Hasser
Well, yes, but what are your injuries and damages? Find out from the company if the bleeding worker has any diseases. Insist they test him if they haven't already. You need to get to a Dr to get tested. If you can't afford to, go to the County Health Clinic. The fast food place may have a medical payments provision in its policy that will pay for you to be tested. Check with them about that. If no harm has been done, other than the fact you've been freaked out, your claim is minimal. If it turns out you have something or will require future periodic medical monitoring, you probably should talk with a lawyer familiar with Alabama accident law. Good luck.
Answered on Mar 07th, 2013 at 11:48 PM

Report Abuse
Edwin K. Niles
Any claim consists of two basic elements: Liability (who is at fault?) and damages (how much?) Your damages appear to be minimal. I doubt that you?ll find a lawyer to take your case.
Answered on Mar 07th, 2013 at 11:26 PM

Report Abuse
Workers Compensation Attorney serving Torrance, CA at Law Office of William S. Lindheim
Update Your Profile
I am so sorry to read that you had eaten some human blood in your sandwich. Nothing more abhors one more than eating another human body parts or contents. Your question is not new. There was a landmark case called Donoghue vs. Stevenson in 1932 which gave a plaintiff the right to sue the defendant for a factual pattern similar to yours. In the case of Donoghue, the plaintiff drank a bottle of soda and realized that a snail was inside and he was so grossed out that he became mentally ill from this incident. The plaintiff had the right to sue. Modern American law also allows such a law suit.
Answered on Mar 07th, 2013 at 11:25 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Processing a liability claim takes months. Lawsuits take years. It's been two days and you don't have results. Find out if there is a medical payments provision of the restaurant's insurance policy. The insurance people call this "med-pay". It is not required, but if they have that coverage, the insurance will pay for medical expenses (usually with a very small limit) regardless of fault. Then you can get the treatment you need and follow up with your liability claim.
Answered on Mar 07th, 2013 at 11:14 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters