How can I sue a franchise?

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How can I sue a franchise?

I was drinking coffee from this place and when I was half way done there was something that looked like a tampon. I was freaked out. I asked the employee and he told me it was the attachment for the whip cream and he was looking for it. I still have it and I called the main office. They said that they will call me back in a few days. I felt dizzy and stressed after that and was so upset because I felt a part of the attachment melted in my coffee and I was drinking it. What should I do?

Asked on February 16, 2011 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you needed any medical treatment as a result of this incident, you should obtain the medical report and medical bills.  The medical report will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.  You should also include any wage loss in your claim which was due to your injury.

Whether or not you needed medical treatment, you would present your claim to the insurance carrier for the restaurant or whatever this place was where you purchased the coffee. If you needed medical treatment, don't try to settle the case until your medical treatment has been completed and you are released by the doctor because you won't be able to subsequently ask for additional compensation if you settle the case prematurely before your medical treatment has been completed.  If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the restaurant or place where you purchased the coffee.  If the case is not settled with the insurance carrier, you will need to file your lawsuit for negligence against the restaurant or place where you purchased the coffee prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.

You mentioned that this place where the incident occurred is a franchise.  In your lawsuit, be sure to name the restaurant and all owners of the franchise.  If you don't know who all of them are, that is the purpose of listing DOES as defendants.  DOES are fictitious persons so that you don't omit anyone from the 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.

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