Legal Question in Consumer Law in Oregon

Dear Lawyers,

Aprox a week and a half ago my so who is 14 ate 2/3 eds of a rotten breakfast burrito on the way to school. He did not notice the mold color because it was in a wrapper & he was sleepy still. When he he did notice the black he asked he "whats that?" I was shocked to say the least and told him to stop eating it. He got a stomac ache aprox 3 hrs later and by the time he got home from school he had explosive diarieha. His pediatrition said if he was better in a few day they didnt need to see him but not to give imodium so the toxins could get out fast. He ended up missing 2 whole days of school and a important lab and test in Biology class. For those 2 days his stomac hurt and bowls where bad. if you know whati mean!

The store manager refunded my 2.50 but she did addmit that they have problems with staff rotating stock properley and admitted they were at fault. I do have pic on my phone of black burrito! not just the outside but the eggs were black too!

So the owner wants to settle this quietly and for me to not call the health dept and sue and if they are fair i would rather just settle but I want it to be fair to my son and my family. Thats the question what should we ask for? and at what point should i say NO and call a lawyer? We live in a small town so i dont want to be labbled a sue happy or money grubbing we just want a settelment thats fair.

If you could give me any ideas or help in figuring the monetary value of something like this i would be very apprichiative. I have never had to do anything like this before and dont want to get taken advantage of because im to nice. :-)

Thank you for you time!

Lisa Willson

(541)971-5585


Asked on 9/26/09, 2:32 pm

1 Answer from Attorneys

Brandon Glosson The Glosson Law Firm, LLC

Sometimes, it helps to sit down and ask yourself, how much would you have to pay me an hour to go through that? Think of it as a job that the other person has forced you to take. I'm thinking $20-$30 an hour for a 14 year old with a "bonus" for particularly bad moments in time.

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Answered on 10/07/09, 3:53 am


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