I ordered a 4 pc chicken nuggets for my daughter who is two and there was a 1/2 inch bone found in one of the nuggets. I called both the Mcdonalds where purchased and the corp. and they pretty much only said sorry. can i file a lawsuit and win?
If you sustained an injury from the bone, you have a personal injury claim. If not, you can get a refund for the nuggets.
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They are likely to offer you a coupon for more of their products. I am glad to hear that your little girl is OK. Based on the fact that there are no actual damages there is no case beyond that. Here's why. Every injury case must include liability; that someone did something that is considered negligent. The case also requires damages that were caused by that negligence. Bodily injury damages must be established with medical treatment records. To be compensable, an injury must have required medical treatment. The medical records document that the injury occurred and the fact of medical treatment.
Emotional distress damages are talked about but are rarely awarded absent physical manifestations related to the emotional distress, again, documented in medical records. The exception is where there is something called “outrage”. But, having read many cases in this area of the law my opinion is that this does not apply. In one case people found foreign disgusting things in Chinese take-out and the court refused to allow damages for “outrage”.
You might have a contract claim for the price of the item. Sometimes companies offer coupons for more of the same, or something else that they provide.
Here is a book that I recommend that you read before raising kids on fast food: Fast Food Nation.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
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