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What can i do if i found a metal object in my pizza that i had delivered from Papa Johns?

El Toro, CA |

I am 16 weeks pregnant, my 3 yr old daughter was eating the same pizza. Ive contacted Papa Johns, and their Customer Service Manager emailed me asking to meet up and take the Metal piece from me. Should I give it to her? Should i meet with her? should i bring anyone with me? should i just take a picture of the object and give her the picture and keep the metal object?

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Attorney answers 6


I am sorry to hear that. Find out if there are any medical issues or injuries before you meet with their representative. If there are injuries contact an attorney.


Do you believe any of the metal was ingested? If so, you need to find out what kind of metal it is. You also may need to undergo x ray studies to see if there is any metal objects in your digestive tract. If so, this could cause internal bleeding . See your OB/GYN for advice.


Were you or your daughter injured? If so, you should hold onto the piece of metal until you have had an opportunity to consult with a personal injury attorney.


If there are no injuries probably would not hurt you to speak with them. However, if there is an injury, contact an attorney. Good luck.

*This information should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.


Since you do not mention any injury, I assume neither you nor your daughter were hurt. No harm, no foul. Every year I get several inquiries from people who found something amiss in a food item, did not eat it, were not hurt, and yet wanted money just because they were somehow offended or grossed out. The only appropriate response is to report it immediately to the restaurant, let them replace it or give you a coupon, and move on. Life is too short to obsess over something that caused no harm.


As a potential claimant, it will be your burden to provide evidence that you were harmed by ingesting the metal item. If you were not harmed, you will not want to spend significant money to try and develop evidence to support such an inference.

As a potential claimant it will be your burden to prove that you have been damaged -- not put at risk, but actually damaged -- by this foreign object. There is no right to compensation because of "almost" or "could have."

Be careful about investing any real time, money or effort here if you were not injured. If your sole witness to the finding of the object is a 3-year old, you may face a denial of all responsibility by the food purveyor and an assertion that you are concocting the story. Food sellers are very cynical and skeptical about off-site unwitnessed discoveries of foreign matter in their products because they have to be.

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