If I found a piece of chewed gum in my lunch from a local restaurant and now they want the gum to be tested, what should I do?

I filed a complaint and a representative called me the next day. She told me that chewing gum was against store policy and asked me to send her the gum. I declined. The following day a claims adjuster called me and also asked me to send her the so that their lab could test it. I needed to know if I should send them the gum?

Asked on October 13, 2015 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Were you injured or made ill by the gum? If you were not, or have no proof that you were, you have no claim for compensation the law only provides compensation for actual injuries, not for what "could" have happened. So until/unless the gum is tested and shows that it contained some disease or contaminent to which you were exposed and which injured you, or at least causes you to incur medical costs e.g. periodic testing to make sure you're ok, you have nothing--the gum is worthless if not tested. You can test it yourself, which gives you more control but may well cause you to spend money for no reason e.g if the gum is "clean" or you can send to the adjustor and gamble they play straight or honestly with you.  But if you do nothing with it, you may as well simply throw it out.


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