Legal Question in Insurance Law in California

i found a piece of plastic in a subway sandwich a incident report was taken a claims person made contact and told me no harm was done. i had choked on this piece of plastic but was able to remove it from me throat i feel that i do have a case if i decide to sue due to the fact of what could of happened and the fact that it was investgated by there insurance company it was pretty freaky choking on something that should not have been there period what you think


Asked on 5/24/10, 6:26 pm

2 Answers from Attorneys
Kevin B. Murphy Franchise Foundations, APC

Most attorneys will say you need to prove damages caused by their negligence. No one likes to choke (on anything), so I'm sure it was not a pleasant experience. But what are your damages? If you can't eat anything at a fast food establishment because of what happened, that's one thing - and even this would be hard to quantify. Consult an attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 5/25/10, 10:52 am

What do I think? You should have poured coffee in your own lap and given yourself third degree burns if you wanted to cash in on a frivolous lawsuit. (And just by the way, the big damages award in the McDonald's coffee case was overturned on appeal).

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Answered on 5/25/10, 1:09 pm


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