If I found a screw in a beverage cup thatI purchased fromaahmburger chain,canI do anything about it?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

If I found a screw in a beverage cup thatI purchased fromaahmburger chain,canI do anything about it?

I am 7 months pregnant and I was drinking from this cup with my 2 year old daughter and my 5 year old hearing impaired child. I noticed the screw when my daughter spit it out of her mouth after she had taken ice out the cup we were drinking from. We have been throwing up and our stomachs have been upset.

Asked on February 29, 2012 under Personal Injury, New York

Answers:

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

Answered 10 years ago | Contributor

If a written report of the incident was made when it occurred with the hamburger chain, you have proof that this occurred there and not somewhere else.  You will need that to prevent the chain from denying the incident occurred.

You and your children have separate personal injury claims to be filed with the hamburger chain's insurance carrier.  It would be advisable to confirm that the insurance carrier is accepting liability before incurring huge medical bills.  Then when you and your children complete your medical treatment and are released by the doctor, obtain the medical bills, medical reports for yourself and your children and if you had any wage loss, obtain documentation of wage loss from your employer.  The personal injury claims filed with the hamburger chain's insurance carrier will include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of the injuries and will be used to determine compensation for pain and suffering which is an amount in addition to the  medical bills.  If you are dissatisfied with settlement offers from the insurance company, reject the settlement offers and file a lawsuit for negligence against the hamburger chain.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your children.  If a case (yours, or one or both of your children) is settled with the insurance carrier, NO lawsuit is filed on behalf of that person.  If the case is NOT settled with the insurance carrier, for yourself, or one or both of your children, the parties with whom the case has not settled are named as plaintiffs in the lawsuit.  If the case is settled with the insurance carrier for you and both of your children, NO lawsuit is filed.  If the case is NOT settled with all parties, the remaining parties must have the lawsuit filed prior to the expiration of the applicable statute of limitations or they will lose their rights forever in the matter. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption