What to do if I found a vinyl glove stuck to the bottom of my quesadilla I got from a fast food restaurant?
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What to do if I found a vinyl glove stuck to the bottom of my quesadilla I got from a fast food restaurant?
Asked on July 15, 2013 under Business Law, Alabama
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If you found the glove and did not eat the quesadilla, you don't have any claim against the fast food restaurant because you were not injured.
If you found the glove after eating the quesadilla and became ill, you have a personal injury claim against the restaurant. Your personal injury claim should be filed with the restaurant's insurance carrier. When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim filed with the restaurant's insurance carrier should include these items. Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. 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 restaurant's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant. Again this is only if you became ill and had medical treatment. If the case is NOT settled with the restaurant's insurance carrier, you must 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.
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