Legal Question in Product Liability in Missouri

Burger King

Recently I stopped at a Burger KIng and order breakfast. We were on our way out of town and decided to get the meal and eat it along the way. While eat a Bacon egg and cheese biscuit my daughter discover a small silver ball. I tried to contact BK for over two hours to no avail. Upon returning home that evening I stooped by the BK and showed the Asst Manager the ball that we found. She offered to refund my money and then take the ball and tape it to the bulletin board. I was more concerned about her health. She stated the manager call me. I kept the ball. No one called. Manager has never called.

I spoke with the customer service line and they said that the Quality Assurance team would call me ... No calls yet X 4 days.

Can I do any thing legal to find out what where the ball came from and if I should be worried about my daughters health?


Asked on 5/15/02, 12:53 pm

1 Answer from Attorneys

Bruce Burdick Burdick Law Firm

Re: Burger King

This does not sound like anything where you can sue Burger King and get rich. Sorry.

I assume the "silver ball" is really stainless steel, not silver, as there are undoubtedly lots of stainless steel balls in equipment at BK, particularly in valves.

If you want to know what the ball is made of, go to a local high school or college and ask a chemistry or metallurgy teacher.

Unless some one is injured, and you did not indicate any actual injury, there is no money for you in this case.

However, you might call the QA man again and demand to know why he did not respond. Let him know you will send a letter to your local paper's editor to alert everyone to Burger King's lack of action if he does not act.

I did a similar assertive second call to Hardee's and received a personal call from their corporate Vice President in charge of Quality telling me he had fired the entire staff at the Hardee's restaurant about which I complained, and would personally meet me there when he had it shaped up to what he considered a satisfactory level. He called once after a month to say he was still working on it but having trouble getting a decent work crew. I have not heard from him either, so my third call will be going to them shortly.

Bottom line...call their complaint line and get really forceful (but not nasty) with them. If they don't act, publicize their failure to act, but be truthful and realistic throughout.

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Answered on 5/15/02, 1:09 pm


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