If I found a roach in my fast food, what should I do?

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If I found a roach in my fast food, what should I do?

Asked on November 18, 2012 under Employment Labor Law, Georgia

Answers:

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

Answered 11 years ago | Contributor

If you became ill and had medical treatment as a result of finding a cockroach in your food, you have a personal injury case.  Prior to filing a lawsuit for negligence against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier when you complete your medical treatment and are released by the doctor.  Your personal injury claim filed with the restaurant's insurance carrier should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your injury (illness) and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the restaurant.  If the case is NOT settled with the restaurant's insurance carrier, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you were NOT injured, did not become ill, did not have medical treatment, then unfortunately you will probably recover little or nothing, and the case is not worth pursuing.

 


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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