Can I file a lawsuit against a fast-food chain if I found a dead roach in my drink and the workers admitted to a problem? 9 Answers as of January 16, 2014

When roach was found in cup of medium ice tea I returned to McDonald's in Linwood, Pa to complain. While waiting for manager, the server who gave me the drink asked if I found a roach in my cup then told me that there has been a problem but management will not listen and proceeded to move an ice bucket from the food counter to reveal another live roach. He flicked it to the floor and killed it in front of my husband and me. Then the manager on duty admitted to seeing 1 or 2 roaches in the restaurant as well. If the owners don’t care what can stops workers from purposely serving drinks/food with roaches in it? Do I have a case? Or please give direction on how to have the place shut down. Thank you.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 1/16/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
Why are you asking a question about PA law in an Illinois forum? You have no injury and therefore no recovery. You can contact the County Board of Health and relay these facts. It is clearly a violation.
Answer Applies to: Illinois
Replied: 1/16/2014
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
If you weren't injured you only have a contract claim to get your money back. Call the Board of Health. Good luck.
Answer Applies to: Alabama
Replied: 1/14/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Yes, but unless it made you physically sick, it has no value beyond you getting your money back.
Answer Applies to: Michigan
Replied: 1/13/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Your case is worth the value of your tea. Quit wasting your time. Report the matter to the health dept and get on with your life.
Answer Applies to: North Carolina
Replied: 1/13/2014
    Jeffery M. Navarro, Attorney at Law | Jeffery M. Navarro
    I think that you would, provided you can show damages. That is, what, if any, injury did you suffer as a result?
    Answer Applies to: Mississippi
    Replied: 1/13/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    File a written complaint with the local board of health. Contact corporate McD's and report the store as well. They could lose their franchise.
    Answer Applies to: New York
    Replied: 1/13/2014
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    In order to have a case you need liability and damages. In your case what are your damages. Without substantiated damages how do you put a value on case.
    Answer Applies to: New York
    Replied: 1/13/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You are entitled to your loss. You lost, and are entitled, to another ice tea, without the added bug. Call the McDonald's regional office and tell them you story. I suspect you will get their attention, the problem in the restaurant will be corrected and you will have some coupons and an apology.
    Answer Applies to: Michigan
    Replied: 1/13/2014
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