I have never been so sick! I was eating a sundae from a chain restaurant today and a texture in my mouth was very noticeable. I looked at my spoon and didn’t see anything. I went to get another bite when I saw an alive cockroach in my food!
My wife was sharing this with me so I showed her. We called management and she looked at it and made a gagging sound and covered her mouth. She paid me back for my food and went back inside. I called the area manager and complained. I have been sick all day. I have pictures to prove it and the manger on site saw it as well. He is turning it into his insurance.
What does this mean? I want to call the health department. 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.
Chain or Franchise restaurants are acutely aware of their reputations. They are multi-million dollar corporations who answer to shareholders. It wouldn’t take too many missteps or news stories about bugs in their food to cause great trouble.
As a result these restaurants take every precaution for cleanliness in their kitchens, and in the manner in which they serve their food.
State Health Departments are very strict about food preparation, cleanliness, and any other matters related to the preparation and serving of food to the general public. You can be sure the restaurant in which you were served took every precaution to prevent rodent infestation.
That being said there are aberrations. It seems you were the victim of one. You should certainly contact your local health department. You can have an attitude of outrage, or an understanding of the aforementioned aberration premise.
From the facts you present it seems you were intent on documenting the event with photographs. We can only hope you did so in an effort to assist the restaurant with documenting the event so it can take action to locate the origin of the infestation.
Preserving the event through photography so there will be little doubt or argument would be a selfless action.
We are confused though as to you intentions. Are you seeking financial remuneration, or are you seeking to help make sure the aberration remains just that: an aberration.
If you are seeking compensation for your terrible experience and that of your friend you can expect to receive little more than a free meal and an apology. Your decision though remains a personal one.
Learn more here: Food-Related Injury 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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