Visitor Question

Claim for plastic piece in fast food sandwich?

Submitted By: Jose (Deltona, Florida)

Back on 12/7/17, I bought food at a fast food restaurant in Deltona, FL. When eating my sandwich, I bit into something hard. It was a bit piece of plastic. The restaurant recognized it was the plastic that comes with the lettuce package. I have preserved the specimen with the sandwich wrapper in my freezer.

I contacted the fast food corporation (this is a franchisee). I also took a picture right away. And also notified the local health department, who performed an inspection. Even though I was thankfully not injured, there was negligence on their part which could have resulted in injury. Would I have a claim against the restaurant for this? Thank you for any information you can provide.

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.

Answer

Dear Jose,

Based on the facts you present, you do not have the basis of a compensable claim. To be entitled to compensation from the restaurant (or its corporate owner) would require that you sustained an injury as a direct result of your ingestion of the piece of plastic. Fortunately that did not occur.

By contacting the restaurant and its corporate owner, you may have caused a review of food preparation procedures at the restaurant. In so doing, you may prevent another customer from being injured.

Restaurant owners have a legal duty to do everything reasonably possible to ensure its patrons are not injured while on the premises. The duty extends to keeping the premises clear of obstructions, keeping floors dry, running background checks on employees, monitoring food preparation, and other actions intended to protect the heath and welfare of restaurant patrons.

Unfortunately, even with the best protective measures there are occasions when restaurant patrons become injured. The question then becomes, whether the restaurant owner did everything within reason to ensure patrons are prevented from undue harm and injury. The answer to that question can only be found by taking each case individually.

However, regardless of the circumstances, without evidence of an injury, a patron will normally not have the basis of a compensable claim against the restaurant owner.

Learn more here: Restaurant Liability for Injuries

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 with your claim.

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