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Can I sue Mckdonalds for giving me a phobia?

Madison, WI |

I went into mckdonalds and found black floaties in my drink, either bacteria or cleaning supplies from the nozel, and said something to the manager. She told us that it was a cleaning error, and refunded our meal money. A month later we stopped in at the same mckdonalds, bought a meal and checked the fountains, it was even more dirty than it was the last time after finding bacteria fall into our drinks.. This time They had a different story about it. I cant even drink from a fountain without feeling discusted and taking time to wipe the nozel most the time I have to bring in my own drink. They Don't clean their fountains proberly. Can I sue them for giving me this phobia when it comes to public drinks and accidently drinking the substance? Im on disability for anxiety to begin with.

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Attorney answers 7

Posted

Sorry for your dilemma. I'm very doubtful that any attorney would view this as a viable claim. My strong suggestion is that you dine somewhere else. Of course, you may report this to the local board of health.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

Asker

Posted

I have most of it on video, and they were trying to say we were scamming for free meals, when there cameras can clearly show no tamper with the machines. We have saved the dirty napkins since day one. They remember us coming saying something after drinking it with bacteria the first time, and saying something the next time. if the inspector rules it as mold or other harmful bacteria, would that make a little stronger case? Everything we say and do is recorded after the first time. I personally havnt drank out of anywheres fountain since drinking it the first time. It has made the germ anxiety I already had even worse.

Posted

You would face an uphill battle on this one. Try Burger King.

Asker

Posted

I have most of it on video, and they were trying to say we were scamming for free meals, when there cameras can clearly show no tamper with the machines. We have saved the dirty napkins since day one. They remember us coming saying something after drinking it with bacteria the first time, and saying something the next time. if the inspector rules it as mold or other harmful bacteria, would that make a little stronger case? Everything we say and do is recorded after the first time. I personally havnt drank out of anywheres fountain since drinking it the first time. It has made the germ anxiety I already had even worse.

Asker

Posted

I'm not exactly trying to get money out of it, mostly my point across after them being rude about it all times.

Posted

Doubtful.

Posted

No, but why not eat somewhere healthy for a change?

Posted

Send a letter reporting them to the corporate office in IL. McDonald's corporate is very hardcore about quality control and would take such a complaint seriously even if the local shift managers apparently don't. But no, you have no claim. Your pre-existing anxiety doesn't help your situation.

ALWAYS mark answers you appreciate with positive feedback and select a best answer!<p><a href="http://msm-law.com/attorney-nicholas-j-passe"> Attorney Nicholas J. Passe</a><p>Disclaimer: Per the avvo.com community guidelines, no attorney/client relationship is created by the asking or answering of questions on this web site, nor do the answers constitute legal advice. Always hire an attorney before making any important legal decisions. Posting details of a case on avvo.com may be subject to discovery in criminal or civil litigation, so erring on the side of nondisclosure is wise.<p><a href="http://www.msm-law.com">Moen Sheehan Meyer, Ltd.</a>

Posted

Bacteria are not visible to the naked eye, and your pre-existing anxiety disorder would need to be taken into account. That being said, there should not be foreign matter floating in your soft drinks. If it happens again, the suggestion to report it to the licensing authority is a good one.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

Posted

In Milwaukee we would call local news TMJ4's Dirty Dining reporter to investigate. As for anxiety, no.

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