If I bit into a used band-aid in a burritoI received from a fast-food joint, how do I sue?

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If I bit into a used band-aid in a burritoI received from a fast-food joint, how do I sue?

I wish to take them to court. What’s my first step?

Asked on July 26, 2011 Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First and most important--were you injured? Did you become sick (not just "sickened" or upset--actually sick)? Did you need medical care? If you were not injured, then you can't sue as a practical matter; lawsuits compensate people for their injuries, property damage, or economic losses (e.g. costs, lost wages), so if you did not suffer injuries, even if you sued and "won," there's nothing to win--you could not recover any money, and therefore would actually lose, since you'd be out the cost of the lawsuit. Even if you suffered some injury--e.g. felt a little nauseous, got check out by a doctor, lost one day's wages and spent $50 on a co-pay--that's not enough to justify the effort and cost of suing. Only if you suffered some significant cost, loss, or injury would it be worthwhile.


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