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I bit into a fish mc.bite at mcdonalds and a warm was in it. Can they be sued

Tampa, FL |

While chewing up the mc bite I felt somthing moving in my mouth I pulled it out and it was.a warm.... Eww no joking I have proff also I tock it back to mc.donalds and all they did was refun my money...what should I do??

Attorney Answers 9


  1. You can talk to a personal injury attorney if you would like but the attorney will want to know what damages you have suffered.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  2. That is pretty gross but I'm not sure it is the thing lawsuits are made of. Since there was no physical injury, it's even possible that the law in Florida would not allow recovery of emotional distress. You may want to consider making a complaint to the manager or to McDonalds quality control about the incident.

    Good luck.


  3. Yes. You have several causes of action against not only the local franchise, but also against the McDonald's corporation as well.

    I would recommend a personal injury attorney with premises liability experience. Foreign objects in food cases are very similar to premises liability both in legal substance and strategy (because they are both against businesses which are open to the pubic).

    Feel free to message me if you'd like more information.

    Answers to questions does not create an attorney/client relationship. I only am your attorney if I have entered into a written contract, signed by me, wherein I expressly assent to be your attorney. Nothing I post should be construed as legal advice to be acted upon, it is merely a legal opinion.


  4. I am so sorry this happened to you. It does not appear that you sustained any damages. I think it would be difficult to make a case here, but you should consult a personal injury lawyer for a free consultation.


  5. If you have suffered severe emotional distress, you need to see your doctor and get help. Then see a lawyer. Not good that you gave the evidence back. Were there witnesses? Did you get picture with your cell phone at least?


  6. I'm sorry to hear about this. I hope it was a Gummi Worm. But without an injury, a lawsuit would be fruitless. Get a full refund and perhaps some coupons for more burgers made of worm meal. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  7. I agree with all of the advice from the good AVVO attorneys indicating that the likelihood of success in such a claim is not high. My contribution, in answering your concern, is the article linked below on emotional distress law, including foreign objects in food: [Blue Link Below]

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  8. In Florida when it comes to foreign objects in food, the standard it what one would "reasonably expect" to be in the food substance. Although one would not expect to find a worm in a fish bite, as plaintiff, the party bringing the lawsuit, you must still prove your damages. Therefore, you should consult with a personal injury attorney as soon as possible.


  9. Don't Eat there anymore. I assume that your warm was a worm – how unappetizing. Without any significant damages, this probably is not worth pursuing. You certainly could call the State Health Department or write the McDonald's headquarters if you want some further action taken.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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