Q: Can I take legal action

I went to a local restaurant ( Wendy's). and ordered a sandwich with no tomatoes because I am allergic to them. when I checked my food it had tomatoes on it .I then went and ordered another sandwich because I was afraid they would just take them off. Again I told them no tomatoes I am allergic to them . When checking my food I did not see any tomatoes so I ate it within 15 to 20 minutes I began to show allergic reactions my lips and mouth began to swell I went to the urgent care center and received treatment and had to take medication for 10 days.i file a complaint with the company and I have tried to call several time to thier represantive and they will not return my call I do have a case number. This is not the first time this has happen

1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
  • Products Liability Lawyer
  • Wyomissing, PA

A: You have a claim. I suggest you contact a member of the W.Va. Assn for Justice as their members give free consultations.

They may suggest that fortunately you caught it and it's a lesser case in which case get some thoughts as to what you'll need for small claims court. But get the free consult.

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