What can we do if we got tainted food at a fast food chain?
Question Details:
Stopped for burgers and a drink. Pulled up to the second window and the girl handed me a medium coke. I passed it to the passenger (Dave), still conversing amongst ourselves, laughing and having family time. Dave said, "Holy cow, there is an iceburg in here as big as the Titanic!". Thought it was a ice chunk. We ate and drank all of us. Found paper substance in drink after 3 people drank from it. Dave called me from his home about 1 hour and 45 minutes later. We don't know know what was on that paper, where it came from, who put it in there. I feel very violated, as a victim of sexual assault, those feelings all came back to me.
If anyone who drank the soda becomes ill, they should seek medical attention immediately to document their injury. They should obtain the medical bills and medical report(s) to document the nature and extent of their injuries. This documentation would be the basis for a claim of negligence against McDonald's. In addition to the medical bills, there would be compensation for pain and suffering. Compensation for pain and suffering is an amount beyond the medical bills and would be determined by the nature and extent of the injuries as documented in the medical reports. The claim would initially be filed with the insurance carrier for McDonald's. After medical treatment is completed, if the claim is not settled with the insurance carrier, a lawsuit for negligence filed with the court would follow.
Without medical evidence documenting illness, it would be difficult to prevail in a claim against McDonald's due to the paper in the drink not being discovered until a significant amount of time had elapsed after leaving McDonald's.