Legal Question in Personal Injury in Canada

Do i have a case against McDonalds

I went last night to our local McDonalds and got a chicken wrap and ate half of it before i realized it was totally raw chicken on the inside. I took it back to them and they were very opologetic and refunded my money and gave me another one but i felt sick and threw up that night. I did not go to a hospital and they have called since to see how i am. I did not get a picture but there were several witnesses including customers, staff and my 2 teenage children that saw the raw sandwich.


Asked on 6/27/07, 3:10 pm

1 Answer from Attorneys

Tiziana Parente Gluckstein & Associates LLP

Re: Do i have a case against McDonalds

From what you have described, it appears that became ill later in the evening the night that you ate the raw chicken and that it resulted in some level of mental anguish to you and your teenage children. Legally, the incident that you have gone through a product liability issue. The decision to pursue an action against McDonald�s would be based mostly on the severity of the injuries caused.

Although the chicken caused you to be ill and vomit, it is important to determine whether your pain & suffering was limited to the vomiting or if it has led to any further illnesses such as food poisoning. While the chicken was obviously prepared carelessly, which caused you to be sick, the time and cost of a lawsuit would likely not lead to a desired result. If the vomiting is the extent of your �injury�, then I suggest that you write a formal letter of complaint to McDonald�s. The sooner you send this letter the better. Make sure you include all the relevant facts: the date, the time, the location, and the name of any witnesses including the McDonald�s employees who assisted you (if you have them). It is often the case that such a letter resolves the issues and allows you to express your position without the burden of lengthy and expensive litigation.

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Answered on 6/27/07, 6:26 pm


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