I ate a raw chicken sandwich from Wendys, do I have a case?

Question

I was sick for 2 days afterward with diarrhea and cramping and I threw up twice initially when I realized that the chicken was completely raw. I called a lawyer and he said no lawyer would take the case because I wasn't hospitalized or anything. Wendy's gave me my $5.48 back and apologized but that's it. What do you think?

Here's a picture of my nasty sandwich http://i27.photobucket.com/albums/c167/purtymami/DSCF0005.jpg

By the way after I realized what I was eating and I threw up, I did take this picture and also saved the sandwich in my freezer in case I need it for evidence.

Answer 1

Absent lab reports showing the same bacteria in both you and the chicken, you don't have a viable case.

I can't help but notice didn't get sick until you "*realized* that the chicken was completely raw." [emph added] There may have been a psychosomatic component to your symptoms. Perhaps if you'd never realized you had eaten raw chicken, you'd have been just fine. I'm not being frivolous. The power of the mind to elicit bodily reactions is beyond the ken of science.

Answer 2

No. You don't have the case. Even a 5 years old boy would not have eaten something raw. When you saw something like that, you should return it to the restaurant and ask for a refund. Any reasonable person would not have eaten a raw chicken unless he did not know about it. If you chose to eat it, you were at you own risks.

I just can't believe what you said were true. If it was true, you should take the chicken back to the restaurant with a witness. See what response you get from the manager and then report the case to your local Health Department.

Answer 3

Ok, let me get this straight. You took a picture of the sandwich in its entirety, before you even ate it. Why? Because you wanted to prove it was raw? Ok... did you then show it to the manager? No. You ate it and got sick.

First, I'm not a lawyer, but your story and actions sound an awful lot like a load of crap to me.

Second, go ahead and try for a lawsuit... don't be surprised, though, when you land in a cell next to the lady who tried to defraud Wendy's by planting a fingertip in her chili.

Answer 4

You could probably find a someone to take the case if you look hard enough (if they have the balls to take on multi million dollar lawyers). But think about. Your fine now, no harm done. You ate a bad sandwich. Is it worth the time trying to sue? Their lawyers would most likely rip apart any case you think you may have. Try to get someone to investigate that Wendy's branch. So no one else gets sick instead of trying to make money off of it.

Answer 5

Ok, lemme see if I got this right. You took a picture of a raw sandwich for evidence, then ate it anyway? You deserve to get sick! You are obviouly just looking to make a quick buck. My brother is a judge and would toss your *** in jail for wasting the courts time. Get a life and a clue! Any lawyer that would take that on is a loser too.

Answer 6

You'll have no financial recourse, but if you report the incident to the local Health Dept., they'll investigate the restaurant to ascertain if there's an issue with the product and the preparation thereof. Feel better.

Answer 7

Will you have no case you knew the chicken was raw an ate it any way

Answer 8

You ate it! There's no evidence but a picture. If it looked like that why did you eat it? You have no case, just bad food poisoning. Check your food next time!

Answer 9

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Answer 10

That sandwich was not even cooked, its gross...I think the best thing you can do is alert the health department.