Can I sue a fast food company for adding bacon to my burger without me asking for it and me getting sick from it and missing work?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue a fast food company for adding bacon to my burger without me asking for it and me getting sick from it and missing work?

I don’t eat pork at all. Now I’m missing wages for eating something I did not ask for.

Asked on June 18, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, you almost certainly cannot sue:

1) There is no "proximate cause"--that is the causal link is far too tenuous and will not support liability. It is not foreseeable that a person to whom you gave bacon would react so badly to it as to miss work; the facts you describe are incredibly rare or unlikely. People (and businesses) are only liable for the reasonably foreseeable consequences of their acts.

2) Your own negligence or carelessness (not looking at the burger or noticing the bacon) would undercut any liability they might have--your own fault effectively reduces their fault.

3) All you can sue for is your actual losses, not punitive damages, in a case like this. Say you missed a day of work due to feeling sick--even IF there had been liability, would one day worth of wages justify the time, cost (you'd have to hire a medical expert to testify as to the cause of your illness) and effort of a lawsuit?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption