I found a used band aid in my food as I was chewing it?

Question

can i sue when I told the manager of the resturant they acted like they don't speak english only spanish and this is a nationwide resturant.

Ok here is more info it was a cinnamon roll a place very famous for their cinnamon rolls the bad aid was inside the dough. Management told me no one wore a band aid the entire day so they are trying to deny it while the manager has a employee translate since she only speaks spanish. I saved the band and the cinnamon roll and put it in the freezer. I will be speaking with a attroney on Wed. This happened today I mean I did throw up it truly disgusting to pull a band aid out your mouth and it's dirty too. Trust me I dont wish this on anyone I keep thinking about it and I get that feeling of want to hurl chuck. I spoke to the district manager and he doesn't speak good english as well. I will contact corp headquarters on Wed too.

Ok here is more info it was a cinnamon roll, a place very famous for their cinnamon rolls. The bad aid was inside the dough. Management told me no one wore a band aid the entire day so they are trying to deny it while the manager has a employee translate since she only speaks spanish. I saved the band aid and the cinnamon roll and put it in the freezer. I will be speaking with a attroney on Wed. This happened today I mean I did throw up it is truly disgusting to pull a band aid out your mouth and it's dirty too. Trust me I dont wish this on anyone. I keep thinking about it and then I get that feeling of want to hurl chuck. I spoke to the district manager and he doesn't speak good english as well. I will contact corp headquarters on Wed too. Oh they took pictures of the band aid and I had them fill out a statement. I contatced poison control and they said I should not need any medical help since the stomach acids will kill anything that could be harmful.

Answer 1

Absolutely...you can sue.

Take that band-aid, put it in a plastic bag...don't touch it with your bare hands.

Note everything about your experience, time, date, place, etc. Also get the name of the manager of the restaurant at the time you were there. Call a lawyer as soon as possible.

To maximize results, don't eat out for a while (unless you pay cash)...no credit card records.

This way you can prove emotional distress.

Answer 2

Before you get sue happy:
- Don't sign anything!!!!
- Keep the BandAid in your possession.
- Go to your health care professional.
- Bring the BandAid with you for eventual testing.
- Get a blood test taken. Here, I'll presume there are no gastro-intestinal issues at play. If so, have your MD run a full panel.
- In other words, get your ducks in a row. Document everything that happened and that which you will do. And, don't skimp on the details, okay?
- If you have no side-effects (you didn't say if you chewed on it or not, the temperature at which the food was cooked prior to serving etc.) you should, at least get an apology from the owner (I presume your claim can be substantiated by a third party) with an offer for a free meal and a bunch of mea culpas....
- If they stonewall you, hide behind language/cultural issues etc., report them, immediately to your local Health Service Office and if you are, still, unsatisfied with the outcome, THEN, sue the bastards - on a contingency basis, right?

Answer 3

I once found a big toenail clipping in my burrito one time. It was soooooooooooooooo disgusting. I told the manager n they said that it was just part of a wicker chair...whatever...we walked out w/o paying for anything...n I went down to the heath deaprtment tonail wrapped in a napkin n reported them. 2 days later they investigated the restraunt n found a whole bunch of health violations. They were shut down until they cleaned everything up n were approved to open up again...it was about 3months. Sue no...report yes. I got a little bit out of it. I still to this day will not goback in there.

Answer 4

Anybody can sue anybody. Listen to your lawyer. If it is a bogus complaint, you could get in serious trouble. The food industry has almost a boiler plate way of handling these complaints. If it goes that far there is the possibility of DNA evidence, but how many people were involved in the production of the food. I think you are just going to add to your aggravation.

Answer 5

What harm did you suffer other than disgust? What do you want the restaurant to do for you? What can you reasonably expect?
I don't think this comes even close to a winning lottery ticket, but if you make a polite inquiry to the district management, they will probably give you an apology and some gift certificates. If you're obnoxious, they don't have to give you anything.
This is not a popular issue with most personal injury attorneys.
Good luck.

Answer 6

CINNA-BON WE LOVE YOU
wow those buns are good
who cares if there was a bandaid
just chew it up

LMAO

I would be hurling on the manager after that one

not to sure if you can do anything

ask judge judy


all else fails
wash the bandaid and re use it on a cut

Answer 7

Nope! Can't eat cinnamon rolls blindfolded, or in the dark!
If you can prove you've been served something disgusting,
take it to court! Make 'em pay, or get them behind bars.
This has got to stop!

Problem is: you chewed it...Yuck!

Answer 8

Sue for what? Did you get AIDS?? S h i t happens. You will live. I would just move on, because sueing would be more trouble than it's worth.

Answer 9

I would definantly keep intouch with your attorney! This is discusting and VERY serious! Take no excuses and take their *** to court! Just alil friendly advice! Good Luck and DON'T give up!

Answer 10

It was not yours; was it? If not, you may indeed have a case. But make sure it is really a true accident, or you could be in a lot of trouble.