Do I have a case for finding a tooth in my McDonalds chicken nugget?

Asked 10 months ago - Huntington Station, NY

I recently went to a mcdonalds and I ordered a 4 piece chicken nugget and when I bit into it the was a hard object in it! When I removed it from my mouth and looked at first it resembled a bone, but looking closely at it I realized it was a tooth. An animals tooth! I then went back to mcdonalds to speak to a manger. When she came to the counter I explained what happened, I showed the tooth and her response was "what, it's chicken, chicken has bones, I eat bones in my chicken all the time"! Another manager came he looked then both mangers proceed to speak in Spanish as I stood there! The female manager reached in her pocket pulled out $2 and handed it to! Then both managers just stood there and looked at me. I contact the mcdonalds corporation filed a complaint. What can I do legally?

Attorney answers (7)

  1. Effimia Soter

    Contributor Level 12

    11

    Lawyers agree

    Answered . It is unfortunate that you found a tooth in your McNugget. Unfortunately, this happens in a lot of fast food places. You can file a complaint with the store, but legally, you did not suffer any damages as a result of eating the defective McNugget. Any claim made will likely be dismissed in a court of law.

    This response will not create an attorney-client relationship.
  2. Louis Lawrence Sternberg

    Contributor Level 18

    11

    Lawyers agree

    Answered . Unfortunately, you have no claim against McDonald's because your suffered no damages. If you are angry about the matter, you can certainly contact McDonald's corp. headquarters and inform them.

    The above answer is intended for informational purposes and is not legal advice. It does not constitute the... more
  3. David Herman Hirsch

    Contributor Level 20

    12

    Lawyers agree

    Answered . "Legally", nothing... While I know it can be upsetting, folks often post on this forum about finding a foreign object, bugs or other things in a food product. Unless, however, you have an injury as a result, need to get medical attention, or otherwise have damages, you can't file a lawsuit about it. You've already complained to the manager. You can complain further up the corporate ladder, but otherwise there really isn't much you can do...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . No injury = no compensation. Write the company, and perhaps you'll get some more coupons. Best bet is to stay away from fast food garbage, and start eating healthy food, as you'll live longer.

  5. Eric Edward Rothstein

    Contributor Level 20

    10

    Lawyers agree

    Answered . In the absence of damages there is no lawsuit worth pursuing because cases cost money and take lots of time. Follow us with corporate and let them know what the manager did. You can probably get a small amount of money from them or at least some coupons for free meals.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  6. Alan James Brinkmeier

    Contributor Level 20

    10

    Lawyers agree

    Answered . You have no provable damages, so you will lose a tort lawsuit should you attempt to sue.

    Four elements for tort must all be proven. You cannot prove all four so move on

  7. Philip Anthony Fabiano

    Contributor Level 20

    7

    Lawyers agree

    Answered . You are certainly entitled to the value of the food you purchases. Other than that, if you did not suffer any injury you have no claim.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you... more

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