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

Asked over 1 year ago - 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. David B Pittman

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . 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.

  2. Daniel Nelson Deasy

    Contributor Level 20

    9

    Lawyers agree

    Answered . 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.... more
  3. S. David Rosenthal Esquire

    Pro

    Contributor Level 18

    9

    Lawyers agree

    Answered . 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.

  4. John Harold Russell Jr.

    Contributor Level 5

    5

    Lawyers agree

    Answered . 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.

  5. David Thomas Dorer

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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. Andrew Daniel Myers

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.... more
  8. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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?

  9. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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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