If I found a roach in my fast food, what should I do?

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If I found a roach in my fast food, what should I do?

Asked on November 18, 2012 under Employment Labor Law, Georgia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you became ill and had medical treatment as a result of finding a cockroach in your food, you have a personal injury case.  Prior to filing a lawsuit for negligence against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier when you complete your medical treatment and are released by the doctor.  Your personal injury claim filed with the restaurant's insurance carrier should include your medical bills, medical reports and documentation of any wage loss.  Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your injury (illness) and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carrier, reject the settlement offers and file your lawsuit for negligence against the restaurant.  If the case is NOT settled with the restaurant's insurance carrier, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you were NOT injured, did not become ill, did not have medical treatment, then unfortunately you will probably recover little or nothing, and the case is not worth pursuing.

 


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