foreign object in hamburger

[litmtchgrl]

While eating a hamburger purchased from a fast food restaurant last night I discovered a plastic tab like those used to close a plastic bag containing hamburger buns in my burger. The tab is partially broken and has several sharp edges. Although I did not suffer any injury from this object it posed a serious choking and injury hazard. I am curious if there are any legal options available to me or if I should just complain to the restaurant and accept my free meal or refund as compensation. Any advice would be greatly appreciated.

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Wow, is it foreign objects found in food week? Well, you are in luck because someone else had a similar problem with a name brand soup company.

It is called products liability. I will cut and paste what I wrote for the soup posting below.

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While having dinner last night (Aug.10,2000) my daughter spit out of her mouth 1/2 of a dead worm of some type. I was serving Campbell's Vegetable Soup and grilled cheese. This was at the very beginning of the meal. She spit it on the table and said "ew, there's a worm in my soup". I quickly scooped it up and said "no dear - it's a spice or stick/stalk" - I didn't want to gross her out. I walked away and looked and sure enough it was a worm. I told them to immed. stop eating their soup. They knew right away it was a worm and could not finish the rest of the meal. My husband and I were about to have Campbell's Chicken Noodle Soup & grilled cheese. We were not able to eat. We are still upset today. I took pictures and everything. What do you think Campbell's will say when I call them? What should I initially say to Campbell's?
I am in Ottawa, Ontario, Canada but Campbell's Soup is everywhere!!
Thanks,
Wendy
IP: Logged

lawrat
Member posted August 12, 2000 01:06 AM
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
May I suggest this: DO NOT CONTACT CAMPBELL'S SOUP YOURSELF!!!!!!!!

1. Read products liability under personal injury at the freeadvice.com homepage.

This is what we call a defective product. For food, the test is whether one would have reason to expect such an item to be in this particular dish. I.e. when you eat cherry pie, sometimes you may find the pit or stem in it. But in soup, one normally does not expect to find a worm.

2. Get yourself a products liability attorney and relax! try your state bar association by dialing 411 and then ask for lawyer referral AND also try attorneypages.com.

Hope this helps.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by litmtchgrl:
While eating a hamburger purchased from a fast food restaurant last night I discovered a plastic tab like those used to close a plastic bag containing hamburger buns in my burger. The tab is partially broken and has several sharp edges. Although I did not suffer any injury from this object it posed a serious choking and injury hazard. I am curious if there are any legal options available to me or if I should just complain to the restaurant and accept my free meal or refund as compensation. Any advice would be greatly appreciated.<HR></BLOCKQUOTE>

There was a proven health hazard but you were not injured in any way so you have no proveable and actual damages. Accept the fact that this happened at a "fast food establishment" and accept the free meal. If this is a national burger franchise/chain, you can write to the national corporate headquarters. I am sure that you would be happy with their response and certificates to keep you as a customer. Better yet ask if you can be one of their mystery shoppers.