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My mother went to go pick us up some burgers Saturday night at a local fast food place. Usually the place is always packed but she found it odd that the place had little to no customers.

So she gets home and wasn't feeling that well, but decided she was going to take a small bite out of her burger. I was sitting right next to her when she opened it up. She has a habit of doing that. When she opened it almost half of the meat patty was bitten off. It wasn't like it had fallen apart, because it literally had teeth marks on it and the other half was missing. Disgusted by it she put it in the fridge with the receipt in the bag (for some reason they threw the receipt in the middle of the fries rather than on the outside of the bag).

My question is, can there be a lawsuit against such things? I know if I were to bring it up to their attention they'd just apologize and either refund my money or give me a free meal, which I don't want. Mainly because if we let it go it'll just continue.

2007-12-24 08:55:21 · 8 answers · asked by Le Puffy Cheeto 1 in Politics & Government Law & Ethics

This isn't the first time that something of this natures happens. In the past I've gone with her and they're either not wearing their uniforms, can't ever get the orders right, and at one point the lettuce was rotting (turning into a yellow/brownish color) in a salad I had ordered. Now we've held our tongues but I think if this particular fast food place can't keep up with health and food standards then they shouldn't be running a business.

2007-12-24 08:56:02 · update #1

notadummy: It's not the fact that I want money out of it, it's the fact that I'm probably not the first one to go through this with this particular fast food place. What good is a refund going to do if they continue to hire irresponsible children to do the work? As I mentioned it's not the first time this happens and it probably won't be the last. If I pay for a service common sense is that it has to be done right.

beez: Thanks. I'll look into contacting them. If they can't even dress properly I can't imagine what the inside of the place must look like (it's a drive-thru).

2007-12-24 09:07:28 · update #2

8 answers

There's not really any evidence that would stand up in a court. She can't prove who took the bite out of the meat patty.

Yes, she should bring it back and get her money back. The only thing that you can do is never go there again. Really, once you got the rotten salad was when you should have done that. Sounds like everyone else has. No matter what you do it will continue. They don't care...that's the problem.

That place will be out of business soon anyway.

2007-12-24 09:07:47 · answer #1 · answered by ∞ sky3000 ∞ 5 · 0 0

The health and food standards do not require them to wear uniforms.

A lawsuit will not stop them from doing it to others.

If she ate the food without knowing that it was unsafe, and got sick, she could sue for a lot of money and might win. Because she did not eat the food, she is probably entitled only to a refund (although a jury might award something for emotional distress, but a judge might reduce it).

The suggestion to report them to the health department -- but only for the rotten lettuce and pre-bitten food, not the uniforms -- sounds like the best idea.

2007-12-24 09:10:27 · answer #2 · answered by StephenWeinstein 7 · 1 0

You do not have a cause of action. Certainly letting the local health department and attorney general's office might help. Also, if you want people to be aware, maybe write some letters to the editor to local papers. And stop eating there. Why continue to subject yourself to the food there?

2007-12-24 10:13:59 · answer #3 · answered by Lesley 5 · 0 0

Don't get over it! That is not the way to run a business. It sounds unsanitary to me. You could call OSHA, BBB, and Health Department.
This happened to my daughter when she was 3 years old....what are people thinking in this day and age...utterly discusting, rude, obnoxious, inconsiderate, just plain nasty.
I hope you do something! Good Luck!
Merry Christmas

2007-12-24 09:09:39 · answer #4 · answered by Sher 2 · 0 0

Notify the Health Department and ask that they send an inspector to the fast food place. To file a law suit, one would have to prove damages.

2007-12-24 08:59:46 · answer #5 · answered by beez 7 · 2 0

There are no damages. You can get your money back. If this particular establishment ha a history of substandard behavior, why do you continue to give it your patronage?

2007-12-24 09:08:39 · answer #6 · answered by DOOM 7 · 1 0

Since your mother did not eat it she did not suffer any damages as a result you could only sue to get your $5.00 back. Get over it...

2007-12-24 08:59:07 · answer #7 · answered by Anonymous · 2 0

Tell her to take a bite outta it!!!

2007-12-24 09:12:30 · answer #8 · answered by Darin D 2 · 0 1

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