QUESTION
What can be done about finding inedible object in a burger?
Asked on Aug 14th, 2015 on Products Liability - North Carolina
More details to this question:
My family and I found a screw in a burger from a fast food restaurant. We have contacted the distract manager, the headquarters of the company, and the health department for that company's county. No one got physically injuiried. However my family, my mother's service dog, and I are emotional stressed to where we are hardly eating anything due to finding this screw. It is affecting our sleeping as well from the constant worry of what might be in the next bite.
1 ANSWER
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Dear Anonymous:
The law in North Carolina says you must show actual damages that are related to the incident in order to prove negligence. While it was unfortunate that a screw ended up in one of your burgers at the fast food restaurant, it will be difficult for you to prove that there were actual damages. The plaintiff (or the injured party) has the burden of proof in North Carolina. You would need to convince a 12-person jury that you and your family are truly not eating anything and not sleeping – all due to finding the screw in your burger. Without any medical doctors or mental health professionals to testify to any of your damages, it is highly unlikely you will be able to prove damages in this case.
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Answered on Aug 31st, 2015 at 11:04 AM