if I become ill from it ? I didn't realize it was old milk until after I looked at the cap after I drank it, its like 2 weeks after its expiration
2007-06-22 01:05:03 · 30 answers · asked by Anonymous in Dining Out ➔ Fast Food
If you get sick and have to see a doctor and the doctor recognises that sickness as a result of drinking that milk.
You definitely have a case.
Keep the original bottle and reciept..
2007-06-24 08:20:02 · answer #1 · answered by feysunny 4 · 0⤊ 1⤋
No, you can't sue unless you can prove bodily harm and if you weren't sick there was none - also, even if you were able to sue it wouldn't be corporate McDonald's, just that particular franchise. You can, however, speak to a manager and be reimbursed for the milk. If you were inclined to do more work, you could complain to the Better Business Bureau, the local health department, and the local media. The media and BBB may or may not be interested (especially since you weren't sick) but the local health department will definitely consider paying a visit to the offending McDonald's to see what else they've overlooked.
People are sue-happy these days. Chill out. It's a "best before date" or "sell by date," not a "this milk will curdle and poison you on this date". The FDA give leeway to allow for improperly handled product (eg. if there is any delay in refrigeration from processing to shipping to distribution). You didn't get sick, so most likely it was correctly handled and somebody just overlooked the milk you bought when they rotated stock in the refrigerator. Is it really worth your energy to bring someone trouble for drinking something that wasn't even bad anyway?
2007-06-22 01:34:01 · answer #2 · answered by Ginny 4 · 1⤊ 0⤋
You're going to have to prove that THIS particular carton of milk was purchased two weeks after the expiration. For all anyone knows, you paid cash for it two weeks ago and held onto it until yesterday or today.
The burden of proof is on you. You should have looked the moment you got the milk. I just can't see how McDonald's, with the food turnover rate they have, could possibly keep a milk that long after expiration. You realize that a fast food outlet is NOT like a supermarket (where customers often juggle food to get the latest expiration date). McDonald's uses the FIFO system for food preparation AND accounting (FIFO stands for First In First Out), just like ALL restaurants.
In addition, they traditionally only stock two or three days worth of food in their coolers. Why? It saves money.
As to your becoming "ill" from it. Milk two weeks after expiration stinks. Plain and simple. You would have smelled it through the worst of headcolds before it touched your lips. In addition, it would have tasted so sour you would have not consumed the whole thing.
This sounds like a lame attempt at a lawsuit, ESPECIALLY since you are feeling out your odds of success here on Yahoo Answers.
Dude, I'm not a lawyer. I'm just an MBA who has a little business experience. Even a poor lawyer would pick apart your story in a heartbeat.
2007-06-22 02:55:53 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Are you sure it didn't say June 19? Sometimes it can be a bit unclear... and McDonald's isn't generally THAT careless about pulling old product because they're heavily inspected both internally and externally.
Your best bet will be to take the receipt to the store with the milk container, show it to the manager, and see what happens. If you're not satisfied with the result, then contact the corporate offices.
You can't sue them if there's no damages. If you drank it and it tasted fine, you're fine.
Also you need to check if it said "Sell by" that date... or "Use by" that date. Big difference as dairy products are not sellable after a certain date, but are dated so that as long as they're consumed within several days after that, they're fine.
Some say "Sell by (date)" and then "Product is freshest if consumed within 10 days of purchase" or something like that.
2007-06-22 01:37:20 · answer #4 · answered by thegirlwholovedbrains 6 · 1⤊ 0⤋
If it didn't "taste" sour, then I seriously doubt that it wil make you ill.
How much do you think McDonald's will be liable for, anyway? Is your tummy ache worth enough money to pay an attorney's sizeable fee? Your realistic chances of recovery amount to three times the amount of your medical bills.
Your trip to the emergency room and the cost of a bottle of pepto-bismol wouldn't pay a lawyer's parking fees.
Also, McDonald's will research your history. They'll find this question and use the fact that you're looking to sue them absent any real symptoms as evidence that you're faking.
Your best bet is to call the restaurant, tell them what happened, and ask for a refund, or a free meal. That's about what your claim is worth.
2007-06-22 01:17:54 · answer #5 · answered by chocolahoma 7 · 0⤊ 0⤋
Milk usually stays fresh for at least a week beyond the expiration date. If it did not smell bad and you did not get ill I'd say you have no case and even less chance of finding an attorney to take your case.
There is also the caveat of let the buyer beware. You should be smart enough to look at the expiration date.
2007-06-22 04:02:01 · answer #6 · answered by Jim G 4 · 0⤊ 0⤋
It would depend on how much older the milk in the carton with the oldest expiration date is than the newer carton of milk! If there is just a day or two difference, than I wouldn't worry about it, but if there is much more that I would say either smell it first and if it doesn't stink, you're probably fine, but if it smells even the slightest bit funny, TOSS IT!
2016-03-14 05:21:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Expiration dates are a guideline. Most products are good way beyond the expiration date (including medications). If it did not make you sick you are OK. Nevertheless, you can write a complaint provided you kept the sales ticket and the empty carton. Most likely you will get a reply along with a coupon to redeem at McDonald's.
2007-06-22 02:46:39 · answer #8 · answered by Emily 2 · 0⤊ 0⤋
If you can drink rotten milk without noticing that's not someone elses fault. You could probably get a new free milk out of the deal. But don't be surprised if you get laughed at for being such a freak.
2007-06-22 04:05:44 · answer #9 · answered by dddbbb 6 · 1⤊ 0⤋
Mabey not sue them, but get your money back or try to get the word around so people know that McDonald's served you expired, very unheathful milk.
2007-06-22 09:36:53 · answer #10 · answered by Evil Little MoFo 5 · 0⤊ 1⤋
Probebly, If A person can sue McDonalds for spilling hot coffee all over themselves.. I'm sure you can sue them for selling you bad milk (:
2007-06-22 04:21:41 · answer #11 · answered by Anonymous · 0⤊ 1⤋