help i found a staple in my cheeseburger.

originalbigjim · #1 (**permalink**) 10-27-2007, 09:25 PM

well guys something really strange happen to me today at a local chain restaurant, i ordered a bacon cheese burger and about 3 quarters the way into it i felt something sharp poke the inside of my mouth after biting into my burger, i spit out one piece of what can i only describe as a black staple because of its size but it may have been a black metal wire about the size of a regular office staple when bent flat, i spit it out and was going to swallow everything else in my mouth and then i got poked again, there was another in there as well. I alerted the waitress and she called the manager. she was confused and scared just as i was she told me that my meal would be free and that i could order anything i wanted off of the menu free of charge but after nearly swallowing metal i didn't want to take my chances on another piece of food. She took my plate and the two staples away from me and threw them out, minutes later she then gave me her business card with a coupon for 2 free entires and apologized again and again. I left a larger tip for the waitress and promptly got out of there. I am considering seeking legal action with the chain restaurant so i will not disclose the name but i was just wondering what would you guys do? I don't want to be another sue happy American but i feel like i was wronged and this could have turned out much worse if say my pregnant wife ordered this burger or perhaps one of my children. I realize my legal grounds are slim but i am sure they would hate to have bad press like this so they would be willing to settle out of court but I just am unsure what to do, i value all of your opinions and and any advice or comments are appreciated. thanks

Kiwi Lover · #2 (**permalink**) 10-27-2007, 09:36 PM

Quote:

Originally Posted by originalbigjim

I don't want to be another sue happy American....... but i am sure they would hate to have bad press like this so they would be willing to settle out of court ...

Then don't be!

barcotta · #3 (**permalink**) 10-28-2007, 12:17 AM

In my opinion, legal action should be considered after you have decided what remedy you believe is fair given the circumstance you are trying to resolve. In other words, make believe that there is no legal system. You almost ate two staples. What could that restaurant do to make it up to you? Decide what that is and ask for it. If you get it, you're done--because it's not about what you COULD get (for example, by extorting $$$ out of them so you don't reveal this problem to the press)--it's about what is right.

That's the thought process I recommend. What would I do? Absolutely nothing. From your description, their response was swift and appropriate. You didn't suffer any damage to your mouth or anything else--and even if you got a scratch in your mouth, I would not consider that minor injury worthy of any compensation beyond what they offered.

As for your concern with regard to what COULD have happened--it didn't. The ONLY grounds under which I would even consider taking action would be repeated similar events at the same restaurant where, despite my reports to management, no action was taken to prevent future events and I felt that they would continue to be negligent unless I took action and forced them to clean up their act.

ImustStudy · #4 (**permalink**) 10-29-2007, 01:52 AM

As a policeman I am constantly on the lookout for junk in my food when I eat out on-duty. As you know, people think it is particularly funny to spit in a cop's burger. (It's not, by the way)

Here is what I would do.

1, If I thought it was deliberate- File a police report, get the names of witnesses and keep the staples for the policeman.

2. I would then file my civil lawsuit if I indeed suffered an injury. If no injury, guess what... there is no civil case. You have to have an actual injury either physical or financial. (Don't try the emotional distress argument, it's garbage and you will look like loon. They will also call everyone who knew you in grade school and will bring out in court that you sucked your thumb and wet the bed until age 12. They're ruthless).

3. If I didn't think it was intentional and was a supplier I would;

A. Notify the manager so they could take the burgers off the menu
B. Notify the health department
C. Call and write a letter to the President, CEO and District manager of the restaurant.
D. No police report or civil lawsuit if I believe it is accidental and I have not been injured physically or financially.

This is just my 2 cents and likely what a court of law would expect from most people as normal reaction.

Hope this helps.

Sorry about the staple. That is very scary. I would be mad too and wouldn't eat there ever again. Telling the newspaper would also be sweet revenge.

cookderosa · #5 (**permalink**) 10-29-2007, 10:00 AM

Two times in the past 5 years I had a situation that legally - I was in the right. The first situation got 13 months of my time- and the second situation got 7 months of my time. I really don't think it was worth the amount of tedious records I had to keep- reconstruct the events- writing detailed accounts- providing evidence. Photos, police reports, complaints, Atty. general office form, better business bureau forms, blah blah blah.

Not to tell you what to do, but it is a lot of effort involved when really you were not damaged. I hate to say this, but this kind of thing happens a lot.

Let me say one thing that you SHOULD do TODAY in my opinion, you need to report this to the USDA and county health department (BOTH)- they will follow up and check food safety issues. These staples probably were from the packer/manufacturer. Unless you were at a restaurant that pats their own burgers (highly unlikely) they bought these patties pre-pressed and frozen. There probably needs to be a situation report and inspection of the restaurant and processing plants ASAP.

Don't mess with calling the restaurant- waste off time.
Make these 2 calls TODAY.

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