My son was eating a fruit cup at a chain restaurant that ryhmes with O'Barleys. It was prepared by the local facility and not pre-packaged. In the middle of the meal he started chewing on something that didnt have the right consistancy, he pulled it out of his mouth and showed grandma. It was a used band-aid which had blood on the patch. Grandma got waitress to take it to MGR. MGR came back with 2 $10 gift cards and apoligized. When I was told of this (30 minutes later) I went to the restaraunt and was told the Manager had thrown out the band aid and was unable to find it. I asked the Manager to find out who made the fruit cup. He would not oblige. I am concerned for my 5 y/o sons health and they aren't interested in assisting.
1. What are my legal rights?
2. I called the health dept. and they are going to the chain rest. today to investigate, what else should I be doing?
3. I called my sons Doctor and they sounded very concerned and wanted him to be seen in 2 weeks.
4. The restaurant has claimed an insurance company would be calling me, should I speak to them or tell them I want to speak with an atty first?
5. What do I need to prove for a ligitmate legal case?
1 Answer from Attorneys
I have handled a number of cases like this recently. Razor in fish at a buffet. Press on nails in an ice cream sundae, etc. The restaurant is responsible for damages caused to your son due to the restaurant's negligence. This is always much easier to prove if the item in the food was preserved. When it is not preserved (taken by restaurant manager) is opens up defenses for the restaurant. Typically, they will argue that the foreign object came from the claimant or some other source. There are ways that these arguments can be addressed. I would advise against giving a statement at this point. I would be happy to have a free consultation with you. Let me know if you would like to discuss.
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