Liability for foreign object in a burger?

by A
(Irmo, SC)

Would like to know if I can file a claim against a restaurant in Irmo, SC. On 31 July 2014, I found a hard object in a burger I was eating. I believe it to be from a brush used to clean the grill. This information about the brush comes from the manager on duty.

I did not receive any medical treatment; however, I did miss the next day of work due to stress. Do I have a case that I can settle out of court?

Visitor Question:
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ANSWER for "Liability for foreign object in a burger?":

A (Irmo, SC):

Fortunately, you weren't injured.

Unfortunately, you probably don't have a viable claim for the day of work you missed because of the stress you say you suffered. It's difficult to understand what type of stress you suffered, which would cause you to miss a day of work. It seems you are implying the stress which kept you from working was a direct result of your having found a hard object in your burger.

To be able to have the remotest chance of pursuing a claim against the restaurant for the stress you suffered, you will need medical or psychological proof of the type and amount of stress you suffered, and that such stress was sufficient to keep you from working.

That will be almost impossible to do. It's unlikely you will find a psychiatrist or psychologist who will support that theory. Hopefully, you reported the incident to the restaurant manager. Maybe that will help to assure this won't happen again to other restaurant patrons.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
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