Plastic Bag in My BBQ sandwich and I Choked on it!

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Mo.

I went to a Famous BBQ on Saturday and purchased a BBQ sandwich. After I eat 75% of the sandwich, I choked! I coughed up a piece of plastic! Both the manager on duty, and the area manager took responsibility for the plastic because it was part of the packing. Now the insurance people are calling me wanting a recorded quote.

Question One:
Do I get a lawyer?

Question Two:
Do I talk to the insurance company?

Question Three:
What is the right thing to do regarding other patrons of this restaurant, what if a kid chokes and dies on a piece of plastic in their food? I.E. Media, BBB, other consumer advocate groups.

ExcellentChoice said:

What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Mo.

I went to a Famous BBQ on Saturday and purchased a BBQ sandwich. After I eat 75% of the sandwich, I choked! I coughed up a piece of plastic! Both the manager on duty, and the area manager took responsibility for the plastic because it was part of the packing. Now the insurance people are calling me wanting a recorded quote.

Question One:
Do I get a lawyer?

Question Two:
Do I talk to the insurance company?

Question Three:
What is the right thing to do regarding other patrons of this restaurant, what if a kid chokes and dies on a piece of plastic in their food? I.E. Media, BBB, other consumer advocate groups.

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**A: how big was the piece of plastic, are you still alive and did you suffer any damages?

How big was the piece of plastic?

It was 1 inch square

Are you still alive?

I think so

Did you suffer any damages?

I do not think I suffered any damages, the plastic piece did not agree with my throat so I choked on it. No hospital. Just watery eyes. No permenant life threating damages, I think (I am not a doctor). I am the kind of guy that would have to have my leg in my hand to go to the hospital.

1. no
2. no
3. make a complaint anywhere that will take one.
maybe they will give you a free BBQ sandwich
you have no damages, you have no case

rmet4nzkx said:

1. no
2. no
3. make a complaint anywhere that will take one.
maybe they will give you a free BBQ sandwich
you have no damages, you have no case

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That may be so for another case, but as I mentioned in the first post, the insurance company is calling me, do I talk to them? Or do I send them to a lawyer? I get the impression that you think I should just drop the issue altogether (and settle for a BBQ sandwich), which is also an option. But since the insurance company is calling me, what do I do?

ExcellentChoice said:

That may be so for another case, but as I mentioned in the first post, the insurance company is calling me, do I talk to them? Or do I send them to a lawyer? I get the impression that you think I should just drop the issue altogether (and settle for a BBQ sandwich), which is also an option. But since the insurance company is calling me, what do I do?

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They are trying to determine whether you have a case or not, you can talk to them and maybe get something more than a free BBQ sandwich, BTW did they charge you for the one you ate?
You can retain an attorney at $200+ p/hr to negotiate the same since you have no injury and didn't even go to the hospital and be out the money you pay to the attorney.
Since you have no injury, no proof of injury and no case, the choice is up to you, the choice should be pretty clear

rmet4nzkx said:

They are trying to determine whether you have a case or not, you can talk to them and maybe get something more than a free BBQ sandwich, BTW did they charge you for the one you ate?
You can retain an attorney at $200+ p/hr to negotiate the same since you have no injury and didn't even go to the hospital and be out the money you pay to the attorney.
Since you have no injury, no proof of injury and no case, the choice is up to you, the choice should be pretty clear

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I understand and thank you (This next comment is not against you or your helpful advice, it is merely an observation of the legal system I am just learning about. Again thank you) A person that finds a "roach" in their taco has a case, A person that finds a "condom" in their soup has a case, A person that discovered a fried "rat" in their chicken has a case. I find a piece of "plastic" in my food and I would be sweep out of the legal system with no grounds to stand on. Interesting how the system works.

ExcellentChoice said:

I understand and thank you (This next comment is not against you or your helpful advice, it is merely an observation of the legal system I am just learning about. Again thank you) A person that finds a "roach" in their taco has a case, A person that finds a "condom" in their soup has a case, A person that discovered a fried "rat" in their chicken has a case. I find a piece of "plastic" in my food and I would be sweep out of the legal system with no grounds to stand on. Interesting how the system works.

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Actually the health department has set limits for things like rat turds etc in food so that is where you get justice, if that is what you mean by a case. You may have a case, anyone can sue but to get a judgement you have to prove damages. Many times an establishment will give you some compensation to make you go away and do some risk management. Now remember some people eat roaches and other insects so they aren't charging you for the Extra! A condom in the soup will make one heck of a story and put you off from some foods I supppose depending on well..... Fried rat, I saw a PBS special about the Carribo in Alaska and the person tried "Rat" because it was consumed as a part of the food groups, some folks eat "poissum" which is just a Big angry Rat! you don't have a leg to stand on in any case if you don't have damages, no matter what it is, that's the point, not that it was a piece of plastic, that is why you were first asked, " how big was the piece of plastic, are you still alive and did you suffer any damages?"
Understand

I got it, I learned something. Thank you for your advice. Post Closed. "unless someone thinks I have a case "

I'm still on "rat turds"

john123456 said:

I'm still on "rat turds"

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Call them, a certain number can be in food as well as hairs But we better keep out mouths closed

rmet4nzkx said:

Call them, a certain number can be in food as well as hairs But we better keep out mouths closed

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Just to clarify, the local Health Departments do not have rules on "acceptable levels of rat turds" or "spider parts" in food. On the down side, the USDA certainly does, so I really wouldn't recommend eating peanut butter anymore. I had to stop years ago, and here's why:

USDA said:

PEANUT BUTTER Insect filth
(AOAC 968.35) Average of 30 or more insect fragments per 100 grams
Rodent filth
(AOAC 968.35) Average of 1 or more rodent hairs per 100 grams
Grit
(AOAC 968.35) Gritty taste and water insoluble inorganic residue is more than 25 mg per 100 grams

DEFECT SOURCE: Insect fragments - preharvest and/or post harvest and/or processing insect infestation, Rodent hair - post harvest and/or processing contamination with animal hair or excreta, Grit - harvest contamination
SIGNIFICANCE: Aesthetic {!!!! Not to me !!!}

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Don't even get me started on canned tomatos.

You Are Guilty said:

Just to clarify, the local Health Departments do not have rules on "acceptable levels of rat turds" or "spider parts" in food. On the down side, the USDA certainly does, so I really wouldn't recommend eating peanut butter anymore. I had to stop years ago, and here's why:

Don't even get me started on canned tomatos.

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Or Mushrooms... 10 maggots per can max!

gryndor said:

Or Mushrooms... 10 maggots per can max!

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Well duh! Everyone knows 11 maggots/can are just icky.

YAG,
I survived eating a worm in a grape once I was wondering what that protein taste was
NO extra charge for protein in your canned tomatoes. Tomatoes worms are amazing, they go from a tiny worm and can consume most of a tomato pant in one day, are the ugliest creatures but make big splashes of GREEN bug juice when stomped on or so I've been told