What to do if my fast food had maggots on it?

UPDATED: Nov 12, 2011

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What to do if my fast food had maggots on it?

I ate chicken from a fast food chain with maggots. I didn’t know until I turned it over. I call the store soon after. I took the chicken to show them but no one claimed to be the manger. My doctor’s bill is $1,400 but they only offered $500. I asked for $5,000. Should I get a lawyer? I have video, photo and I froze the chicken.

Asked on November 12, 2011 under Personal Injury, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Assuming you can prove the presence of the maggots, that may be enough to establish liability, or an obligation to pay: food should not be served with maggots. The question then is, what can you recover? If you incurred $1,400 in medical bills due to the maggots (and those bills were necessary and reasonable--i.e. not padded), you would seem to be able to get $1,400. If you did not lose wages or suffer any significant injury from the maggots, it is unlikely you can recover anything else--the amount of money you can in a lawsuit is directly linked to your costs and injuries.

From what you write, you may be able to get $1,400, or $900 more than they are offering. To get it, if they won't pay, you'd have to sue them. You might consider suing in small claims court, to reduce your costs--hiring an attorney could cost you more than you hope to collect.

You might also go past this store to contact the corporate offices--they may be more willing to at least cover all your costs to avoid bad publicity.

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.

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