Legal Question in Civil Litigation in Pennsylvania

Item in Food

I took my son to Wendys to get a Jr. Cheeseburger deluxe. It was to be eaten at home. When we arrived home, he started to eat it while I was in my room. He came into my room and told me he started to eat and felt something in his mouth. He spit it out and it was a small plastic loop that looks like it might have been from a toy. It was in his sandwich. He says he almost choked on it. I notified the store and was given a refund, told it has never happened before and they gave me a number to call. I called and was asked if they wrote an incident report up. I said no and she took some info over the phone. I don't know where the piece came from or how clean it is. I would like to know if I have any right to file anything legal against them? Or would something have had to result because of it?


Asked on 8/14/05, 4:47 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Item in Food

Hopefully your son has not suffered any ill effects. You may have a claim for any out of pocket medical expenses incurred to have your son be checked out by a doctor. Your son may be entitled to non economic damages as well. I offer free consultations.

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Answered on 8/14/05, 4:57 pm


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