Can I sue if I found a cooked roach in my food? 23 Answers as of November 08, 2011

You can bring a claim but your damages are small to non unless you can show you were physically or physiologically injured and sought treatment.

What are you going to sue for as far as damages? That you were so grossed out that you will never eat pizza again? That may be your best argument because you did not eat the pizza or the roach and suffered no physical injuries. So what is it worth to find a roach cooked into your pizza? $500? $1000? Certainly not something a lawyer would likely take on contingency, and you might be better off in small claims court.

To answer that question three things must be considered - first, liability; second, damages; and third, can you collect? As to liability - the facts will determine if another party is at fault for your injury. Liability on the part of another party, the defendant, must be evident - the defendant must have acted in a way which was negligent and caused you harm. In your case the restaurant has a duty to provide food fit for human consumption and obviously a pizza with a roach fails that test. However, the second consideration is the damages, the measure of the harm you have suffered. Not to be dismissive of your experience, but frankly if you merely found the roach and suffered no other harm then it is not in your best interest to invest time and money in a lawsuit.

You need to suffer harm in order to have a claim.

Product liability cases are subject to RCW 7.72

If you have an injury that's worthwhile then yes. You'll Need medical treatment, etc.

There's an old saying: anyone can sue anyone for anything. Sure you can sue, but you probably won't get very far without some physical injury. Rather than clogging up the courts with a case like this, you might consider contacting the manager or owner of the business and bring the matter to their attention. Perhaps they will offer some roach-free pizza as a thank you and compensation for the experience.

Yes, you have a "case" but its notusually worth awhole lot since you didn't eat the roach or become ill from seeing it. Therefore, while it is good business for the pizza place to take the pizza back, there is likely no real damage or injury for whichyou can be compensated. However, the bestdetermining factor is toconsult with a few negligence lawyers and see if any of them willentertain your case for you. If they will, then you may still have a case - but of limited value unless there is greater damage or injury to you and your family than you've shared here.

Only if you became I'll. Otherwise, there are little or no damages.

Have the restaurant refund your money and don't order from them again. Unless the restaurant has a history of this type of activity or poor inspection ratings, you may find a hard time obtaining a large judgment in a lawsuit. There are cases where people have been award large settlements for this type of incident, but those are not the norm. In addition to asking for your money back and unless you plan to order from them again, request additional reimbursement for your time and inconvenience.