Visitor Question

Bite was taken out of my buscuit at a fast food restaurant…

Submitted By: Sal (North Carolina, USA)

I ordered food to-go at a fast food restaurant. When I got home it appeared a bite had been taken out of one of the biscuits in my order. I tried to call the business but they didn’t answer so I called the company headquarters and they made a report.

I again contacted the local store and was asked to bring in the order and I did. I asked the manager what he thought and he said he could not comment for obvious reasons. He went to his office to obtain a complaint form which I completed.

He told me it looked like a bite had been taken out of it. I reluctantly left the biscuit so they could send it to the lab to be tested.

Within minutes of leaving the manager called and told me he thought it was made by the tongs and brushed me off. My husband returned to the store and got the biscuit. The company has made no further attempt to contact me. What do I need to do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Sal,

You might consider finding an alternative restaurant. From the facts you present it is difficult for us to understand what you are seeking.

After all, if the biscuit had been bitten into by either a customer or employee, the world would not come to an end. It was a mistake. Mistakes happen. You weren’t injured.

The restaurant chain probably bakes and serves several hundred thousand biscuits daily. And of those several hundred thousand biscuits baked and served there may be a few which have mistakenly been bitten into and re-served.

There is also a chance the manager was correct when she told you the “bite marks” probably were not bite marks at all, but rather the effect of the tongs used to pick the biscuit up. If you were serious about the “biscuit caper” you might have taken it to a forensic laboratory to be checked to see if the biscuit marks were a result of teeth or tongs.

We urge you to focus your energy on more important issues. It’s people like you who clog up the courts with frivolous lawsuits which ultimately cost the taxpayers millions and millions of dollars each year.

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

Best of luck,

Published: October 13, 2011

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