I didnt realize until I had bitten into the bloody portion. It wasnt from the meat. It looked as though someone had been cut and dripped blood in that spot.
You say, "it wasn't from the meat," but I am skeptical. The nature of meat is that it is suffused with blood. I consider it extremely unlikely that your burger was contaminated with human blood, or that you could prove your burger was contaminated with human blood. If all you have is your opinion that you bit into a burger and there was blood, and you don't think it was juice from the meat, I am confident any claim you brought would be dismissed.
However, if you presented testimony of a fast-food-restaurant employee to the effect that they saw their co-employee deliberately drip human blood on a burger before giving it to you, doubtless I would have a different opinion.
Not legal advice as I don't practice law in North Carolina. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice, please consult a lawyer who holds North Carolina licensure. That's not me.
Unless you have significant injuries from this incident, you do not have an economically viable claim.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
Both attorneys are correct. You have to show damages - exposure to hepatitis, HIV, or some disease in addition to negligent conduct by the restaurant. Additionally, my colleague is correct about inquiring how you can prove that it was human blood instead of blood from another source. It is your burden of proof.
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