Glass in burger

[kwest159]

What is the name of your state (only U.S. law)? Pennsylvania
Had the wife pick me up a late night snack from Burger King on Saturday night. I didn't wind up eating until Sunday afternoon. I started to eat the burger and noticed an unusual amount of mayonnaise, just shrugged it off really. Next bite I feel a crunch and some pain in my gums. Apparently there was a small piece of glass in the Burger which was obviously put there intentionally,in my opinion, since it was disguised with mayo. I had several puncture wounds to my gums, nothing serious, more mad than anything. I saved everything even the partially consumed part just in case. I never went to the hospital because I do not have insurance right now. Is there anything I can do about this other than complain to BK?

 

[Zigner]

Is there anything I can do about this other than complain to BK?

No**************.

 

[CameronNewport]

Is there anything I can do about this other than complain to BK?

I don't know if Ziggy was making a joke, or if he is just clueless, but the answer is yes, you can do something besides just complaining to BK.

One thing you can do is file a lawsuit against BK. I'm not even going to bother listing the causes of action, since a lawyer will tell you in a heartbeat, but the bottom line is that at the least, you should be reimbursed for the burger, your medical expenses (you should see a dentist or doctor about what happened), and pain and suffering. Admittedly, that will probably not total an enormous amount of money (maybe a couple hundred bucks), but still, why should you have to pay anything out of pocket? At best, you may get a punitive damages award, and that could be a little larger.

If I were you, I'd first talk to BK about paying for a doctor/dentist visit. If you get the cold shoulder, then in my opinion it's worth talking to a lawyer. If the lawyer doesn't think you have a large enough case because your injuries weren't severe (and that may very well be possible), then you can sue BK in small claims court for smaller damages.

 

[sambo584]

umm went from B/k to wife then fridge then husband ate it 12 hrs later....hmmmm you might be spinning your wheels, in america anyone can sue anyone for anything however in this case I think you have an uphill battle.

 

[Ozark_Sophist]

I don't know if Ziggy was making a joke, or if he is just clueless, but the answer is yes, you can do something besides just complaining to BK.

One thing you can do is file a lawsuit against BK. I'm not even going to bother listing the causes of action, since a lawyer will tell you in a heartbeat, but the bottom line is that at the least, you should be reimbursed for the burger, your medical expenses (you should see a dentist or doctor about what happened), and pain and suffering. Admittedly, that will probably not total an enormous amount of money (maybe a couple hundred bucks), but still, why should you have to pay anything out of pocket? At best, you may get a punitive damages award, and that could be a little larger.

If I were you, I'd first talk to BK about paying for a doctor/dentist visit. If you get the cold shoulder, then in my opinion it's worth talking to a lawyer. If the lawyer doesn't think you have a large enough case because your injuries weren't severe (and that may very well be possible), then you can sue BK in small claims court for smaller damages.

Not at all likely for success. Had OP bought and ate the sandwich at BK, it would be possible. As it is now, I have to ask about the status of the marital relationship.

 

[Zigner]

I don't know if Ziggy was making a joke, or if he is just clueless, but the answer is yes, you can do something besides just complaining to BK.

OP didn't even bother seeking medical attention.
If OP complains to BK, he might get some coupons.
If he tries to take it to court, how is he going to prove 1) damages or 2) causation?

 

[Ozark_Sophist]

OP didn't even bother seeking medical attention.
If OP complains to BK, he might get some coupons.
If he tries to take it to court, how is he going to prove 1) damages or 2) causation?

I still think OP needs to stop asking spouse to do any favors.

 

[Zigner]

I still think OP needs to stop asking spouse to do any favors.

I hear ya, but, honestly, I think it's just as likely that they BOTH had a little to do with it.

 

[seniorjudge]

I don't know if Ziggy was making a joke, or if he is just clueless, but the answer is yes, you can do something besides just complaining to BK.

One thing you can do is file a lawsuit against BK. I'm not even going to bother listing the causes of action, since a lawyer will tell you in a heartbeat, but the bottom line is that at the least, you should be reimbursed for the burger, your medical expenses (you should see a dentist or doctor about what happened), and pain and suffering. Admittedly, that will probably not total an enormous amount of money (maybe a couple hundred bucks), but still, why should you have to pay anything out of pocket? At best, you may get a punitive damages award, and that could be a little larger.

If I were you, I'd first talk to BK about paying for a doctor/dentist visit. If you get the cold shoulder, then in my opinion it's worth talking to a lawyer. If the lawyer doesn't think you have a large enough case because your injuries weren't severe (and that may very well be possible), then you can sue BK in small claims court for smaller damages.

I am assuming this is a joke.

 

[CameronNewport]

OP didn't even bother seeking medical attention.

Irrelevant. BK should pay for the OP to seek medical attention. That's what happens when you injure somebody. You don't get to argue "but you didn't go immediately."

If OP complains to BK, he might get some coupons.

He should get more than that (and I'd be willing to bet that he will be offered much more than coupons).

If he tries to take it to court, how is he going to prove 1) damages or 2) causation?

Damages - The OP has been damaged. Maybe not by a lot, but he was damaged nonetheless. In addition, if the glass was put there on purpose (seems plausible), then he is entitled to punitive damages.

Causation - Huh? It won't be hard to argue that the glass caused the damage. You are probably confusing causation with something else, like intent or breach. But I won't put words in your mouth.




As for the rest of you...you probably would have advised the old woman who was burned by coffee that she had no case against McDonald's either.

 

[Gail in Georgia]

I once bought a burger at a local Burger King, took it home, took a bite and everything slid to one side. When I lifted the bun to shift everything back, I noticed a perfect bite taken out of the opposite side of the meat.

In other words, my patty had been "recycled".

I returned to Whopper to Burger King hoping to get retribution.

They asked me if I wanted another Whopper.

That's all I got and perhaps that's all you'll get too. Well, maybe some fries to go along with it.

Gail

 

[Zigner]

Irrelevant. BK should pay for the OP to seek medical attention. That's what happens when you injure somebody. You don't get to argue "but you didn't go immediately."

So, let me get this straight. I cut myself on a sharp edge of a display cabinet in a gas station. The edge shouldn't have been left sharp and it was next to a walkway. I now have a scar, and the "evidence" (the display cabinet) is still there.
I can now sue if I decide to go to the doctor?

(Oh yeah, this happened about 11 months ago).


Our OP can't even prove that he suffered any injury caused by BK, or that he even WAS injured. And, he can't prove that HE didn't place the glass in the burger in the first place (or, perhaps, his nefarious wife)

 

[Zigner]

Damages - The OP has been damaged.

Prove it - oh yeah, you can't and neither can the OP. Why? Because he didn't seek medical attention for his supposed damages.
Causation: If he WAS injured (damaged), prove that BK caused it. Oh yeah, you can't, and neither can OP since he didn't say anything to them.

 

[CameronNewport]

So, let me get this straight. I cut myself on a sharp edge of a display cabinet in a gas station. The edge shouldn't have been left sharp and it was next to a walkway. I now have a scar, and the "evidence" (the display cabinet) is still there.
I can now sue if I decide to go to the doctor?

(Oh yeah, this happened about 11 months ago).

Of course you can still sue. Why would there be a statute of limitations of 2 or 3 years (whatever it is in your state) if you can't win after 11 months? You don't have to go to a doctor to win damages. What if somebody hit your car 11 months ago. Assuming you can prove it, do you think you have no case just because 11 months pass? Do you think you have no case just because you never got your car fixed? Why is damage to your body any different? You have much to learn about the law.

Our OP can't even prove that he suffered any injury caused by BK, or that he even WAS injured. And, he can't prove that HE didn't place the glass in the burger in the first place (or, perhaps, his nefarious wife)

This is just silly. To get back to the McDonald's lady who was burned ... how did she ever prove that she didn't purposely dump the coffee on herself, or that she didn't go home and heat it up even hotter, or that ...? Your response is a reflection of your lack of experience and knowledge.

 

[CameronNewport]

Prove it - oh yeah, you can't and neither can the OP. Why? Because he didn't seek medical attention for his supposed damages.
Causation: If he WAS injured (damaged), prove that BK caused it. Oh yeah, you can't, and neither can OP since he didn't say anything to them.

LOL. You don't understand what causation means (again, this shows your lack of experience and knowledge). Causation is the connection between the conduct and the injury. The problem that you are describing is with regard to the conduct (that is, proving that BK put the glass in the burger). You are not describing a problem with causation. A causation problem would occur if BK did put the glass in the burger and the OP was injured, but the glass didn't cause the injury.

Obviously a medical report written up immediately after the injury would be helpful evidence, but it's not necessary. If the OP was cut, and the injury hasn't yet completely healed, then he could go to a doctor now and get an expert opinion of how bad the injury was last Sunday (we're only talking a few days). In addition, the OP's own testimony, as well as anything his wife saw (or anybody else saw) would be helpful in proving an injury.

You just don't understand how tort cases are litigated. Plaintiffs do not need to prove their case beyond a reasonable doubt. Plaintiffs do not need to disprove that they caused the injury themselves. Plaintiffs do not need expert opinions. I could go on and on.

Let's say you were on the jury in this case. Assuming the plaintiff appears to be telling the truth, and nothing is brought forward that would lead you to believe he was lying, then why wouldn't you believe his testimony about what happened? Why wouldn't you believe his wife's testimony? With zero evidence that the OP's wife put the glass in the burger, or that the OP did it himself, why would you assume that the OP is trying to scam BK?