Legal Question in Consumer Law in California

I found a razor blade in a burrito I bought from a popular Mexican fast food restaurant. I do not wish to involve my lawyer nor do I want this to go to court. I feel that my not going to the press rewards so kind of settlement. How much could I ask for?


Asked on 3/26/10, 10:50 am

2 Answers from Attorneys

Herb Fox Law Office of Herb Fox

Assuming that you were not injured by the razor blade, your case has some value, but not much. The real problem you face is proof. Did you immediately report the blade to management of the restaurant, show it to them and complete an incident report? Have you retained both the blade and the burrito? Unless you have taken steps like this to prove your claim, the restaurant will probably reject the claim.

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Answered on 3/31/10, 1:59 pm
Bryan Becker Becker Attorneys

You could ask for a billion dollars or nothing. If you have no injuries, nor any ill effects from discovering the blade, what are your damages? In essence you asking the restaurant to pay you for NOT going to the media? If they don't pay will you then go to the "media"? Sounds a little like extortion by blackmail to me. I find this approach very questionable. My suggestion is to inform the restaurant of what happened, ask that they investigate it and correct whatever may have led to this happening so it does not happen to someone in the future. I am sure they will reward your kindness with a free burrito.

Regards,

Bryan

Becker Attorney

www.bbeckerlaw.com

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Answered on 4/09/10, 11:36 am


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