Legal Question in Civil Litigation in Florida
I purchased a buger in the drive thru and after I ate half of it I found a bun tab (hard sharp plastic 1/2" x 1/2") in the burger. I kept this and the rest of the burger and put in plastic bag in fridge. This is a national fast food chain and this was neglect on their behalf. I am just wandering should I seek legal help on this? I have contacted the manager and asked for general manager and he is suppose to be in touch with me about this issue. Please let me know what is the proper steps to preceed. Thank you.
2 Answers from Attorneys
In Florida, a defect in food gives rise to strict liability. However, unless, you swallowed it and/or suffered some injury or harm from it, your damages, if any, are considered to be minimal. Wait and see what they propose. Hang on to the food and item in it. If you are dissatisfied with their response, consult an attorney, but based upon what you have said so far, you haven't suffered a sufficient injury to pursue it.
Without damages you have no claim that is worth pursuing. They usually will give you a customer accommodation by giving you some coupons or free items. The mere presence of the plastic alone and your shock about it does not justify any claims.
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