Legal Question in Personal Injury in California
I ordered a "Chicken sandwich" & received a "FISH" sandwich instead. Burger King uses the "same food wrapper" for their chicken, fish, and burgers, unlike McDonalds, Jack n Box, and Carls Jr. who use a "completely unique wrapper" for their "fish products" due to allergies to fish. I ate the sandwich and suffered an extreme allergic reaction which resulted in using my Epi-Pen, both my eyes swelled shut, huge abscess in left eye that has caused permanent damage to where I can no longer where a contact in that eye. Swelling and effects lasted approximately 1 1/2. Saw my doctor and the incident was documented. I filed a complaint with Burger King and their insurance. I met with an investigator and gave a statement, he took pictures of the receipt, food item, and confirmed that it was "fish" not "chicken" and that the "food wrapper" was not "marked to indicate "fish".
All their offering me is $1000.00.
I feel they should be liable because they don't take the necessary precautions to protect the public from incidents like this from happening. They should be "wrapping" their "fish products" in their our unique packaging as their competitors do to prevent issues like mine from occurring. I feel that both the Franchise owner and Burger King Corporation should be held liable for "packaging" issues. I certainly don't feel that the offer they are making me is adequate for the pain & suffering, emotion duress that I had to endure and still dealing with.
Do I have a case?
1 Answer from Attorneys
Based on the facts as you've described them, I believe you have a case of liability. But, the issue isn't so much about whether you can prove liability. The question you are asking deals with value ("damages").
Damages depends on the injury that you sustained, what you went through, the expenses you incurred, what residual problems you continue to have, etc.
You should explore this concept of damages and speak in more detail with an attorney regarding the facts and circumstances to better understand your options.
Best of luck to you!
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