I purchased a milk shake from a food chain they must have drop the whip cream top inside I choked when I was trying to drink my shake and the top fell in my mouth what should I do if anything I'm upset and need some expert advice
One thing most non-lawyers don't understand is the concept of proving "damages" in a lawsuit. In any lawsuit, including a lawsuit for negligence (which is essentially what you are talking about) it's not enough to prove that the defendant (the food chain) did something wrong. You have to prove that they had a duty to you not to do the wrong thing (which they do in your case). However, since the objective of the suit is to "make you whole" for the damage done by the wrong thing, and since the only way the court can do that is to make the defendant give you money, you have to PROVE how much money the damage to you is worth.
In your case, you say you are "upset." HOW upset? have you had to see a psychiatrist? Take medication? Get counselling?
Or have you been unable to eat? overeat? insomnia?
Or have you just been, for lack of a better word, "ticked off" by what happened?
All three of those represent different levels of "damages." If you fall into the first or second category, the question becomes whether a "reasonable" person would have suffered similarly.
If the jury answers that question in your favor, then you might be awarded a sufficient amount of damages to warrant a lawsuit against the chain. If you fall into the last category, though, chances are that any damages would be too low to make it worthwhile for an attorney to take the case.
If you fall into the third category, you might want to consider writing a letter to the chain's customer satisfaction office (or whatever they call it) to complain. They make at least give you some free food as compensatkikon.
I'm licensed to practice law only in Indiana, so if you're in another state, I can't give you "legal" advice. My answer is simply "friendly" advice based on my experience as an attorney in Indiana, my knowledge of federal and common law, and common sense. Even if you are in Indiana, employment law questions are very fact specific, and based on the limited information you provided in your post, I can't give you legal advice, and my answer is intended as general information only. It doesn't create an attorney-client relationship.
Unless you were injured as a result of this incident you would not have any damages for which you would have a claim for recovery. Basically, there are two elements to a personal injury case, fault and damages. You have to have both to have a viable claim. That being said, I would certainly report this to the food chain and see if they would offer you some form of gratuities. Good luck.
Glad you are OK and I am sure that was scary. The previous answers are well prepared and correct. The choking event and even some possible short lasting soreness, if any, would not be enough to pursue a claim. There must be damages and those damages must be significant enough to make if worth pursuing a claim. That is not present in this case. Notify the food chain and move on.
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