Legal Question in Consumer Law in Virginia

Gluten free fries

I have celiac disease and for years have been told Mcdonald french fries are gluten free. I now find out they is false. Gluten damages the lining of the intestine. I also have had my throat close up or vomiting due to gluten i did not know was there. Do I have a case against McDonalds and what kind of lawyer would handle this case?

Thanks


Asked on 2/19/06, 11:02 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Gluten free fries

This would probably be a "products liability"

case, and I am not that experienced in to be able

to say much about it.

I believe it would be exceedingly important WHO

"told you" that the french fries are gluten free.

If McDonalds made a statement of fact, and it

was FALSE, this would be a misrepresentation of

fact, and would be grounds for a lawsuit.

But I think that fact would be crucial. You would need to be able to prove that McDonald's

told you that, and hopefully have some documentation of it or a witness in addition to yourself. If you cannot prove that McDonald's made a false statement about the ingredients, then I think you could not bring a lawsuit successfully. If "someone" told you the fries are gluten free, McDonald's would probably NOT be responsible. (But a lawyer should kick this around to be sure.)

You would also have to prove that the claim is

false. You would probably have to have their

french fries analyzed. You would need to have

a witness that the french fries came from a

McDonald's, and the witness watched them every

step from there to the laboratory without being

tampered with.

You will want to talk to a "plaintiff's attorney" or "personal injury" lawyer.

Look for those attorneys who advertise very

prominently and publicly. Lawyers who defend

corporations seek clients on the golf course and

the country club. Attorneys who are seeking

plaintiffs from the general public advertise on

billboards and with very big ads in the Thrifty

Nickel or phone book.

ASK Them if they take cases on contingency.

Look for lawyers who do personal injury, medical malpractice, etc. I doubt you will find many advertising "product liability." But that would

be the best.

Most such attorneys will not feel up to the task

of such a lawsuit. But they would be the best

place to start. They should be able to help you

find someone.

You can also go on martindale dot com and search

for lawyers who do product liability cases, but

many of those attorneys will be defense attorneys representing business.

Do not communicate all of the details of your

case until you find out that a lawyer is

potentially interested in your type of case.

Read more
Answered on 2/19/06, 6:59 pm


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