Should I inform the Company?

Yesterday, my grandson and I went to a fast food restaurant in my neighborhood. I purchased a 10 piece nugget meal, including a medium soda. After I drank the soda half way down I noticed something came into my mouth by way of the straw. I looked inside of the cup and there inside was small black/brown pieces of what looked liked mouse dropping. I noticed a small stain on the inside of the cup where the particle may have fell from. I still have the cup, and the particles inside, I notified the health department, should I notify the store?

Asked on September 22, 2017 under Personal Injury, Pennsylvania


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If really have no claim here. In order to bring a personal injury suit, you would have had to suffer a harm, and fortunately you did not. That having been said, certainly contacting the Department of Health is a good start. Also, contact the store and see what, if anything, it might be willing to do for you, possibly in the way of refunding the cost of your meal and/or coupons (if you ever wanted to eat there again that is).

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can notify the store and see if they will voluntarily offer you anything, but based on what you write, you have no right to compensation: if they don't choose of their own free will to offer you something, you are not entitled to anything. The law only provides compensation for actual harm suffered or costs incurred (and being disgusted or "grossed out" is not harm for this purpose). If--as appears to the case--you were no seriously sickened or harmed and did not incure significant medical bills, there is nothing to sue for and you would not receive compensation in a lawsuit.

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