Can you sue anational foodchain if a foreign object is found in your food?

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Can you sue anational foodchain if a foreign object is found in your food?

My husband ordered a burger and there was a metal screw in it. Can he sue and what should he expect to get from them?

Asked on April 2, 2011 under Personal Injury, Florida

Answers:

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

Answered 10 years ago | Contributor

The question here is did your husband suffer any harm? Did he actually ingest the object? If so, did he cut or injure his throat or mouth, break a tooth, or did become ill as a result?  If the answer is yes, and he can document these injuries via medical records, then he has an actionable claim.  However, if the answer is no (and I will assume that it is since you did not indicate otherwise), then he probably will not be able to find an attorney to file a claim since it is unlikely that he can prevail in a lawsuit of this type.  The fact is that the legal system compensates people for their losses.  If he did not suffer any damage then there is nothing to sue over.  I'm not minimizing his anxiety over this but the law is clear.  You still should contact the restaurant or their regional office and report the incident.  You may well get some small compensation just to keep things quiet.  Form a public relations standpoint this isn't the type of thing that it would want to go public.


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