Canandaigua, NY asked in Personal Injury, Products Liability and Small Claims for New York

Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the franchise very upset due to this is a violation of contamination and wanted the corporate phone number the Manger on shift couldn't give me the number at the time and stated she would call back. The manager apologize and requested a gift card with refund on it.

Monday 10/15/18 @1pm

The Store Manger Mrs. Spring called to apologize and stated that they shut the thrive-thu down and didn't find anything. Mrs. Spring also mention that she contacted corporate to let them know of this situation along with contacting the health department.

Monday 10/22/18 @ 6pm

I receive a letter from Timothy Potter Mc'Donalds Franchise Owner pretty much apologizing and offer two certificates of free value meals

2 Lawyer Answers

A: If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

A: You could consult with attorneys to learn if they feel the case is viable to pursue. One of the factors in such cases is the element of damages. An attorney could ask you about documentation, such as doctor’s treatment or other things, that evidence damages.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.