I got food at Wendy's ,I started eating my chicken sandwich on my way home then I noticed it tasted a little different then I saw the chicken was raw .ugh it's disgusting ,then I got home n my husband opened his sandwhich and his chicken was raw too I took a video of it.nownim afraid to get sick.can I sue for that?
First, this incident has nothing to do with civil rights. Civil rights are your rights under the US Constitution, and generally, only the government can violate your civil rights.
Second, your damages are the value of a new chicken sandwich. That's it--unless the sandwich caused your hospitalization.
In other words, your damages don't warrant the expense of a lawsuit. Go bs I to the restaurant and ask for two new sandwiches. That's as good as it gets under these facts.
My answers are not legal advice, and I am not your attorney unless I agree to accept your case and you sign a contract. Avvo is only a general question forum, so you should seek a consultation about your specific legal needs. Please forgi want typographical errors. I'm often replying via via my cellular phone. .
No. You suffered no damages. You suffered no harm. You have no physical injury. And you discovered it right away. Take it back maybe they'll give you your money back and a new sandwich. Write the corporate offices you might get a few coupons… That's it.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
I will attempt to move this question to negligence for you. Damages are the key to whether you have a viable claim. If you do not become ill, you do not have sufficient damage beyond the nuisance.
This also obtains elements of foreclosure law and issues regarding conflict of interest.
You can only bring a claim if you actually got sick. This is more common than you think. We represented a gentlemen once whose chicken sandwich was covered in mold. He recovered damages because he ended up in the hospital.
Did you get sick?
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship. The response above is given based solely on the information provided by poster. Answer may vary depending on additional information provided or omitted by the poster.
There are several requirements that need to be met before you can get money damages against someone. One of those requirements is that you have a compensable injury. In your case, even if you can prove negligence in the preparation and sale of the food item, you would probably have to show that you made contact with that item and as a result, you were harmed. Being grossed out may not be enough. However, its always best to consult with a personal injury lawyer just to be sure.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline