broken plastic pieces in Burger King smoothie

[Tony Michigan]

What is the name of your state (only U.S. law)?

 

[AnonUserName]

What is the name of your state (only U.S. law)?

Try posting again without hitting the preview button.

 

[sandyclaus]

What is the name of your state (only U.S. law)?

Did you swallow them? Did you have to go to the doctor or have any kind of medical treatment from ingesting the plastic?

Chances are that just finding the pieces in the smoothie, and not requiring any kind of medical intervention means that you haven't won the lawsuit lottery. You can't demand payment or restitution for something that MIGHT have happened, only for what DID happen. If you had no damages (i.e. bills or medical expenses), then you have nothing to be paid or reimbursed for.

If you bring the matter up with the restaurant manager, you might get a free meal or two out of it.

 

[Tony Michigan]

What is the name of your state (only U.S. law)?

This past April my wife went to Burger King. The kids got smoothies. My 10 yr old son was saying that there was some ice that didn’t melt in his mouth that he was spitting out on the way home. He went to bed with and upset stomach. I was working 3rd shift. My wife woke me up about 8 PM after she dumped the remainder of the smoothie out in the sink. There were many sharp pieces of plastic and one very large piece about the circumference of a golf ball. It still had the name on it.
I called my Dr. and he advised that I take the kids to the emergency room. I called Burger King to let them know. The manager said that it was the top of the blender that they were looking for. I googled the name on the top and sure enough it was to an industrial blender. I contacted an attorney friend who is more a real estate lawyer than a personal injury lawyer. He told me to keep the pieces which I still have. The franchisee contacted me the next day. She acknowledged as well that the piece was from the blender.
I got a letter from Burger King about a week later stating how much from the medical visit they were willing to pay and that if I signed that would free them from any more “fault” from the incident. I sent to my lawyer.
Now its going back and forth. I did not ask for much. Pay all medical fees, I lost time and vacation from having to call in short notice. And a little more to cover some cost from my attorney friend. The main thing is that I didn’t want a 2 dollar smoothie costing me 500.
I am now getting letters from the hospital requesting payment.
What do I do? I was thinking about letting the media get a hold of the story and show them the pieces of plastic ground up that we found.
Also sorry, 3 weeks ago I sent a complaint into the Burger King web page. They called back. Said that they didn’t know about what was going on. Got a call from the district manager that day. Haven’t heard from him since.

 

[Tony Michigan]

Did you swallow them? Did you have to go to the doctor or have any kind of medical treatment from ingesting the plastic?

Chances are that just finding the pieces in the smoothie, and not requiring any kind of medical intervention means that you haven't won the lawsuit lottery. You can't demand payment or restitution for something that MIGHT have happened, only for what DID happen. If you had no damages (i.e. bills or medical expenses), then you have nothing to be paid or reimbursed for.

If you bring the matter up with the restaurant manager, you might get a free meal or two out of it.

Sorry. I am new to this. the message is below. I hit preview and it must not have posted.

 

[tranquility]

Paying all medical fees is certainly the least they can do. But, son's damages are not yours. Your time and missing vacation is not really going to be actionable in son's suit. Attorney fees are generally the responsibility of the party hiring them too.

I'd argue medical fees and a bit for pain and suffering. Ask for a big bit, but accept a small.

 

[quincy]

This past April my wife went to Burger King. The kids got smoothies. My 10 yr old son was saying that there was some ice that didn’t melt in his mouth that he was spitting out on the way home. He went to bed with and upset stomach. I was working 3rd shift. My wife woke me up about 8 PM after she dumped the remainder of the smoothie out in the sink. There were many sharp pieces of plastic and one very large piece about the circumference of a golf ball. It still had the name on it.
I called my Dr. and he advised that I take the kids to the emergency room. I called Burger King to let them know. The manager said that it was the top of the blender that they were looking for. I googled the name on the top and sure enough it was to an industrial blender. I contacted an attorney friend who is more a real estate lawyer than a personal injury lawyer. He told me to keep the pieces which I still have. The franchisee contacted me the next day. She acknowledged as well that the piece was from the blender.
I got a letter from Burger King about a week later stating how much from the medical visit they were willing to pay and that if I signed that would free them from any more “fault” from the incident. I sent to my lawyer.
Now its going back and forth. I did not ask for much. Pay all medical fees, I lost time and vacation from having to call in short notice. And a little more to cover some cost from my attorney friend. The main thing is that I didn’t want a 2 dollar smoothie costing me 500.
I am now getting letters from the hospital requesting payment.
What do I do? I was thinking about letting the media get a hold of the story and show them the pieces of plastic ground up that we found.
Also sorry, 3 weeks ago I sent a complaint into the Burger King web page. They called back. Said that they didn’t know about what was going on. Got a call from the district manager that day. Haven’t heard from him since.

Quite frankly, you should be discussing all of this with your attorney not us. And you should be very careful what you say publicly about the incident. Your attorney will probably stress the importance of this to you.

I hope your son has recovered fully.

Good luck.

 

[Tony Michigan]

This past April my wife went to Burger King. The kids got smoothies. My 10 yr old son was saying that there was some ice that didn’t melt in his mouth that he was spitting out on the way home. He went to bed with and upset stomach. I was working 3rd shift. My wife woke me up about 8 PM after she dumped the remainder of the smoothie out in the sink. There were many sharp pieces of plastic and one very large piece about the circumference of a golf ball. It still had the name on it.
I called my Dr. and he advised that I take the kids to the emergency room. I called Burger King to let them know. The manager said that it was the top of the blender that they were looking for. I googled the name on the top and sure enough it was to an industrial blender. I contacted an attorney friend who is more a real estate lawyer than a personal injury lawyer. He told me to keep the pieces which I still have. The franchisee contacted me the next day. She acknowledged as well that the piece was from the blender.
I got a letter from Burger King about a week later stating how much from the medical visit they were willing to pay and that if I signed that would free them from any more “fault” from the incident. I sent to my lawyer.
Now its going back and forth. I did not ask for much. Pay all medical fees, I lost time and vacation from having to call in short notice. And a little more to cover some cost from my attorney friend. The main thing is that I didn’t want a 2 dollar smoothie costing me 500.
I am now getting letters from the hospital requesting payment.
What do I do? I was thinking about letting the media get a hold of the story and show them the pieces of plastic ground up that we found.
Also sorry, 3 weeks ago I sent a complaint into the Burger King web page. They called back. Said that they didn’t know about what was going on. Got a call from the district manager that day. Haven’t heard from him since.

Also, at the ER the 2 Dr's said that an x-ray would probably not show anything because the pieces were clear. They recommended that I follow up with our Dr in 3 days. Also a list of things to watch for with the kids.
There was never any effort on my part to make a large sum of money. I was very honest. I called Burger King after I called the on call Dr. to make sure that they were not serving the smoothie's anymore. That's when they told me that they were looking for the top of the blender. I also asked my kids if the just consumed the smoothie through the straw or did they take the top off. Just through the straw. The main thing is that the kids are well. My issue is that as of today I got a letter from the hospital now saying that they were going to send the matter to a collection agency in 10 days.
If it goes to a collection agency, will that ruin my credit score? if so should I pay a minimal amount to keep them at bay or will this cause a problem with collecting from Burger King?

 

[Tony Michigan]

Quite frankly, you should be discussing all of this with your attorney not us. And you should be very careful what you say publicly about the incident. Your attorney can stress the importance of this to you.

I hope your son has recovered fully.

Good luck.

thank you. nothing I have discussed here is not already known by both parties. maybe I said too much originally but I try and live my life in an honest way. I believe that people should own up to their mistakes. Might sound like a land of make believe now but if I don't recoup my losses it will be on the side of integrity not of how much I can get.
I just want to get some feedback on which way to go now. Start paying some on the bill so the creditors don't come knocking. just some ideas on which way to go.

 

[TheGeekess]

thank you. nothing I have discussed here is not already known by both parties. maybe I said too much originally but I try and live my life in an honest way. I believe that people should own up to their mistakes. Might sound like a land of make believe now but if I don't recoup my losses it will be on the side of integrity not of how much I can get.
I just want to get some feedback on which way to go now. Start paying some on the bill so the creditors don't come knocking. just some ideas on which way to go.

Pay the bill.

 

[ecmst12]

Pay the bill. When you work everything out with Burger King you will be reimbursed. But the hospital does not have to wait for you to settle your injury claim.

 

[DGlenn]

Yes, you have to pay the hospital bill first so that your child will recover fast.. Then once you have gathered all the pieces together (medical records and other evidences) then that's the time that you will find a personal injury attorney who can help you with your claims.. I don't think speaking publicly about the issue will solve your problem..Give Burger King one last call so that they too will feel the urgency of the case.

 

[justalayman]

The medical bill is yours so pay it. You are seeking compensation from BK so include that in your demand. If they don't pay, your are still responsible for the medical bill. If they pay, they are not paying the medical bill per se but paying you your damages. If the medical provider should have to sue for payment (just taking this to the extreme to explain it) they would sue you and it would go on your credit report. They would have no claim against BK.

 

[Zigner]

Yes, you have to pay the hospital bill first so that your child will recover fast..

I am fairly confident that payment (or lack of payment) of the bill will have absolutely no bearing on the recovery of the child.

 

[justalayman]

I am fairly confident that payment (or lack of payment) of the bill will have absolutely no bearing on the recovery of the child.

dang guy got me. Didn't realize he was farming.