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Question

Can I sue McDonald's for a fly being in my coffee this morning??? I 've been sick all morning.

Stopped and got my breakfast form McDonald's this morning like I do almost every morning. And took a sip and noticed something in my mouth, spit it out and it was a fly. I got immediacy sick. I called them and the manager didn't quiet understand what I was saying. I called the cooperate office and spoke with a rep, who stated they would have the owner of that establishment call me back.

Lawsuits and disputes
Asked in Nashville, TN | Jul 23, 2015 | 4 answers
Answer
Stephen Alan Sauer
Stephen Alan Sauer
Personal Injury Lawyer in Memphis, TN
5 stars
16 reviews
Rating: 10
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View Phone Number (901) 334-4005
View Number (901) 334-4005
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Posted on Jul 24, 2015

Anyone can sue anyone for anything. The courts will happily take your filing fee and process the lawsuit. But more than likely you will be wasting your filing fee money since this would have very little value due to the minimal, if any, damages. If you go to a hospital for treatment or a psychiatrist for counseling perhaps that would increase your damages but it's still unlikely to have enough value to justify proceeding. I cannot imagine any attorney taking this case on a contingency fee. The law would require you to prove that McDonald's was negligent and I'm not sure how you could do that. If the fly flew in after you were served the coffee then McDonald's is not at fault. Even if it flew in before they served it, you would have to prove that their serving procedures are negligent in allowing a fly into the coffee and they will have proof of the thousands of coffees they have served in the past with no problem. Not everything bad in life has a reason to sue. as the prior attorneys have mentioned, your best bet is to contact McDonald's corporate and complain and ask for some free stuff as compensation.

Nothing in this communication should be construed as creating an attorney-client relationship. I provide this service for educational purposes only. I will take no action on your behalf unless you have hired me and a written retainer agreement is signed. I am licensed only in Tennessee and I strongly suggest you consult with an attorney in your city and state as Statute of Limitation deadlines can limit your recovery.

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William Emil Cassara
William Emil Cassara
Military Law Attorney in Augusta, GA
4.3157894736842 stars
57 reviews
Rating: 9.3
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View Phone Number (706) 860-5769
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Posted on Jul 23, 2015

Lawsuits are time consuming and expensive. Your best bet might be to see if they will give you some coupons for free food. This is why I never eat in that place.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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Answer
John M. DeProspo
John M. DeProspo
Personal Injury Lawyer in Brooklyn, NY
5 stars
4 reviews
Rating: 8.7
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View Phone Number (800) 234-5529
View Number (800) 234-5529
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Posted on Jul 23, 2015

Yes, but this is not the type of claim a lawyer would get involved with. The value of your claim is minimal at best. Perhaps you can get McDonalds to offer you some type of compensation.

This answer is intended for informational purposes only. No attorney-client relationship is established by the use of this site. Nothing on this site is intended to be, nor takes the place of, legal advice.

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Adam A Studnicki
Adam A Studnicki
Personal Injury Lawyer in Phoenix, AZ
5 stars
8 reviews
Rating: 10
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View Phone Number (602) 845-9090
View Number (602) 845-9090
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Posted on Jul 23, 2015

Seek medical help and talk to a local injury lawyer about your damages.

I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific situation at your earliest convenience. I am licensed to practice law in Arizona.

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