On November 2, my family and I went to a local fast food chain restaurant. We ordered two combo meals and a single chicken sandwich. While eating our meals, my husband bit into his sandwich when we noticed blood in it. My husband immediately spit out his food and began to vomit.
I took all our meals but the chicken sandwich and threw it away. I left and took the sandwich right back to the restaurant and complained to the on-duty manager. I also asked for a refund and he told me to come back in the morning and speak with the morning manager. This was a surprise to me because he was a manager and told me to come back.
He gave me the owner’s phone number and I offered mine. I called numerous times the following morning and no one picked up the phone. Finally I got a hold of a female worker who told me that the morning manager left for the day. I asked to speak with the on-duty manager and she hung up.
At this point I had already left a message with the corporate number he provided me and no one has yet to call me. So at this point I turn to you for help but I will be seeking legal advice. Is there anything I can 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.
While this is a shocking turn of events and certainly nothing anyone expects when they are having lunch, there may only be a few things to do. For one, remaining persistent will help you tremendously.
Contact the corporate office to determine whether this is a chain restaurant. If so, submit a claim to Corporate.
If, however this is a franchised restaurant, you will need to continue pursuing a claim with the owner.
The other thing to be aware of is “damages.”
While it is unfortunate, shocking and stomach turning, it is hard to put a dollar figure on your husband’s damages.
This is what pain and suffering and ultimate settlements are based upon.
Did you seek medical treatment? Did he have any residual pains? These are the types of questions you will face when attempting to settle your case.
Learn more here: Restaurant Food Poisoning Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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