Do I have a case if I got served a raw burger at a fast food restaurant?

Question

If so, how do I file a suit?

Bruce Arthur Plesser · Answer

No.

Jeffrey Lapin · Answer

You only really have a case for being served a "raw burger" if you got sick or sustained severe mental distress. 

If you were only served the raw burger, but, did not eat it and noticed it right away and complained, you do not have a claim that is worth any money.  

If you did eat it and get sick you probably do have a claim. As to how you file a suit yourself, if your case is worth less than $3,500 you could file it is Small Claims Court. 

The Nebraska Supreme Court's website has information on how to file a Small Claims Court case. However, the fast food restaurant has the right to move the case to County Court, where it could employ an attorney to defend it. 

If the case is worth more than $3,500, a lawsuit starts by you filing a Complaint. The contents of the Complaint and what else needs to be done is too difficult to explain in this response.  

I would suggest contacting a personal injury attorney to discuss your case. Most offer a free initial consultation and you can learn more about your rights and options.

Steven A. Schwartz · Answer

In any negligence claim, you would need to have wrongdoing (serving a raw burger) AND damages.  You would have to have been harmed as a result of eating the burger.  If you did not eat it and did not get sick from it, there are no damages...except for maybe the cost of the burger. Unless you got severely sick from it, it is probably not worth going forward with a claim.

Melvin Franke · Answer

Only if you have damages.

James Osak · Answer

What are your DAMAGES? Did you EAT the raw burger? Did you get sick? DO you have PROOF of being ill? If not ill . . . probably NO CASE. Contact the national office and complain. You'll probably get a coupon for a FREE burger.

Dennis P. Mikko · Answer

Unless you were damaged by the burger, there probably is no claim.

David Carlile · Answer

Not unless the burger caused you some sort of injury or damage.

Kevin Habberfield · Answer

Not unless it somehow caused you some medical condition and unless it was a really serious one, it's not worth the bother.  Good luck.

Bernard Huff · Answer

Consult with a lawyer who handles legal matters against restaurants and other  food establishments for specific legal advice and direction.

Mark Leonardo · Answer

Did you eat the burger?  Did you save it for evidence? (Freeze it?)  Did you get sick from it?  Did you incur any medical expenses?  

You can't sue unless you have damages.  If you think you have a case, contact a personal injury lawyer for a free consultation to see what they think. 

You can also file a small claims case if you want to do it on your own.

Paul Whitfield · Answer

Your case is worth your money back or another burger. What are you going to do with that kind of case?

Stephen Lombardi · Answer

This is one of those questions where my answer will not be well received because to the untrained eye this is terrible service and the buyer didn't get what they bought; but there is one thing missing, damages. 

What  are  your damages? Some people eat raw food, don't get sick and don't die. If  eating  the raw meat you were poisoned by Salmonella, then I would  say you have a case for a law suit.  But no damages equals no case and a  waste of the court's time. Sorry, no case-  but I'm glad you didn't get food  poisoning.

Andrew Velonis · Answer

You would have to show that you were injured.

Michael Sgarlat · Answer

If you got sick and received medical attention, maybe.

David Hibbert · Answer

Raw burger alone is no case.  Was there an injury?

Jared Altman · Answer

Sounds like a small claims case to me. Go to small claims court.

Mark Smith · Answer

How were you injured? Does not look like you have a case.

Michael Heilmann · Answer

Unless you were injured, you will have a difficult time.

David Stoddard · Answer

If it caused damages, you can sue for whatever your damages are.  How to file suit is too complex to explain on this forum.  

You can find the procedure for a suit in the South Carolina Rules of Civil Procedure, which you should be able to find on the Internet. Some court forms are available on the Sc Judicial Department website.  You could also retain an attorney.

Gregory Casale · Answer

Only if you suffered actual harm as the result and you can prove that you both received the raw burger AND that it was the only cause of your harm (illness). Not a strong case I am afraid.

Thomas Bulman · Answer

Only if you get really sick.  Save a stool sample for testing.

Dean Esposito · Answer

Yes, you can file a personal injury claim for your injuries or illnesses and any  medical bills you received for any related medical treatment.

Irving Blank · Answer

Only if you got sick from eating it.

Robert Lucky · Answer

Were you injured as a result of being served the raw burger? If you suffered no injuries, then there is likely no case for pain and suffering/bodily injury.

Ronald A. Steinberg · Answer

Not in less it made you ill.  Are you sure it was raw, and not just cooked rare?  In any event, you could give it back and ask for a cooked burger, but if you ate it, you did so voluntarily, and can only make a claim if you got sick from the food.

John D Duncan · Answer

Dear Undercooked,  You might have a case, depending on a couple of different factors.  For starters, did you get sick in any way from consuming the food?  Did you eat the burger at all?  What was your frame of mind after consuming raw food?  Do you have any type of history eating raw meat (meaning:  have you mistakenly eaten raw burger before and gotten extremely sick)?  Answering these questions will help determine the validity of suit.  If you need to file a suit against the establishment, it is best for you to hire a lawyer to help you.  There are many nuances to suing large corporations right at the beginning, such as naming the proper party and serving them according to the law.  I hope this helps.

Jason P. Kutulakis · Answer

Maybe. What happened? Did you eat it? Did it make you ill?

Stuart Nachbar · Answer

No you do not.

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Do I have a case if I got served a raw burger at a fast food restaurant?

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