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I found a rubber glove and paper in my soft drink from Mcdonalds didnt know it had it until i opend the lid.. do i have a case..

San Diego, CA |

i ordered the drink in the Mcdonalds drive thru.. and the straw kept getting stuck while i tried drinking it that the reason i opned the lid to check what was wrong. I called the Mdonalds and asked to speak with the manager and he told me that he was sorry that happend but they have an automatic system that fills the cup with soda the cups come from the manufature and there is nothing he can do.. he then let me know that i can go back and get a new large coke.

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Attorney answers 6


The purpose of the law is to make injured parties whole. If there is no damage, there is no case.


You have no loss here. What do you think you could accomplish by suing, even if you could find a lawyer to take your case?


As disgusting as it is finding these items in your drink, there is no case since there are no physical damages to you. You might want to try to write to McDonald's corporate office to see if there is anything they may do for you, like free coupons etc.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


While negligent (probably), no inury no case. If injured keep the drink, glove, paper, get to the doctor and call a lawyer.

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


No injury equals no lawsuit. Return for a full refund and perhaps some coupons or a free HAPPY MEAL.

Only 29% Contingency Fee! Phone: 215-510-6755


Yes, you can sure them but you don't really have any damages, apart from a little embarrassment. Unless you got sick, went to a doctor and experienced some pain or suffering of some type, there would be no reason to sue, as even a jury would not give you much money, in my opinion.

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