QUESTION

Should I try to sue for Roach in my burger at sonic?

Asked on Dec 15th, 2023 on Personal Injury - Texas
More details to this question:
I went to sonic with my sister to get some brunch. I ordered a burger amongst other things and ate the appetizers before biting into the burger. I took the first bite of my burger and started to chew when I saw something that didn’t look right. It took me a few moments to realize that this was a roach in the middle of my burger. I was sitting in my car at the time so in my panic it took me a while to manage to get the door open and my seatbelt off so that I could spit it out. I tried to spit it on the ground but the roaches leg was stuck on the roof of my mouth so I had to physically pull it out of my mouth. I threw the rest of the sandwich down on the ground and proceeded to gag and heave while my sister went inside to confront the store. The roach tasted like chemicals. The Manager was defensive and rude, accusing us of putting the roach in the food and took the sandwich with the rest of the roach and threw it in the trash. He said “we don’t have roaches” and dismissed us.
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1 ANSWER

Commercial Litigation Attorney serving Frisco, TX at Reid Dennis & Frick, PC
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Whether you should sue Sonic for finding a roach in your burger is up to you.  In a lawsuit, you may recover the damages you sustained as a result of the acts or omissions of Sonic or its employees.  Your burger was a non-conforming good because a reasonable trier of fact is highly likely to conclude that you ordered a hamburger without a roach.  Because Sonic delivered a non-conforming hamburger with a roach, you are entitled to receive a refund of the price you paid for the hamburger.  If the presence of the roach caused you to sustain other compensible damages--for example medical expenses, lost wages from your job, etc.--you likely can recover those damages as well.It is highly unlikely any reasonable experienced attorney would accept such a claim on a contingency fee.  So, you will likely need to pay the attorney an hourly fee for services in your case.  
Answered on Dec 15th, 2023 at 3:36 PM

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