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Possible personal injury tort lawsuit against fast food chain for food poisoning, serving raw hamburger, OH state tort law

Asked over 3 years ago - Martins Ferry, OH

heres the situation a fellow co worker and myself deciedt to eat a burger from a fast food giant for lunch. To make a long story short i was about halfway done with my burger when he came running in to my office to show me the burger he had just taken a bite out of was nothing more than raw meat i than looked down at mine and discovered the same thing.We have been so sick to our stomachs since this incodent worring about some type of food poining that we dont want to eat the question i have is do we have any type of case against them at all with proff of the well undercooked meat that we ate

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Attorney answers (2)

Michael Joseph Rotundo

Reputation Level 6

Answered over 3 years ago. Personal Injury Lawyer in Miami, FL.

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Whether or not you have a potential lawsuit depends, in large part, on the damages that you suffered. If you were only sick for a short period of time and did not seek medical attention, it is unlikely that you would be able to find a lawyer who would take that case. If, on the other hand, you were hospitalized and/or diagnosed with a disease that is related to food-borne pathogens, you may have a case.

If you suspect that you have been a victim of food poisioning, it is important to take the offending food with you to the hospital for analysis. Further, you should lodge a formal complaint with the company and the appropriate consumer protection agency.

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Thuong-Tri Nguyen

Reputation Level 20

Answered over 3 years ago. Family Law Attorney in Renton, WA.

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How long ago did you eat the food? If after a few days and you are still feeling fine, then you likely will not be contracting any diseases from the food.

If you are talking about beef, some people like to eat beef very rare (like dipping a slice into hot water for a few seconds and eat it). As long as the meat does not contain bad bacteria or parasites, the fact that the meat is raw would not make a person sick. Of course, some people do not even like the idea of eating raw meat. And, one cannot not be sure that any particular piece of meat does not contain pathogens.

Unless you incur some damages (such as medical expenses), you likely will not be getting a big money payout from the incident.

If you want to do your civic duties, you can call the health department and report the incident. The health department likely will come out to make sure all the restaurant's equipments and procedures are correct.

You can review your facts and options with an attorney.

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