DeFuniak Springs, FL asked in Consumer Law for Florida

Q: Is there cause for a lawsuit after my experience at McDonald’s the other night? Employee at speaker was extremely rude

I went through drive through to get my child a free happy meal with my rewards. She was extremely rude as I order, after placing my order I proceeded to the 1st window (used for payment but a high percent of the time I’m told to skip this, if I don’t need to pay or I paid through the app already, especially if I don’t want the receipt). I paused at the window for a moment and the employee was watching on her phone, after her behavior I decided to not continue to wait and deal with more of her since I did not need to pay and the restaurant was not busy. As I pulled to the 2nd window the woman leaned out the window and began loudly and aggressively clapping her hands. It caused me much distress and I leaned out of my window to ask why she felt that was appropriate. I reversed back to the window where I told her I had the mobile order and didn’t want my reciept. She was rude, said she had to check me in and handed me the receipt. My husband says I should sue for the distress it caused me?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Consumer Law Lawyer
  • Sacramento, CA

A: I understand your experience at McDonald's was distressing, but the situation you described may not provide strong grounds for a lawsuit. In legal terms, for a lawsuit to be viable, there typically needs to be demonstrable harm or damage. Rude behavior from an employee, while certainly unpleasant, often does not meet the threshold of legal action, especially in cases where there is no physical harm or significant emotional distress.

To explore your options, you might first consider addressing this issue through McDonald's customer service channels. Companies often take customer complaints seriously and may offer some form of resolution or apology for your experience. This step is generally quicker and less complicated than legal proceedings.

If you feel strongly about the incident and believe it has caused you significant distress, consulting with an attorney can provide clarity. They can assess the specifics of your case and advise on whether legal action is a feasible or advisable course. Remember, each situation is unique, and professional guidance can help in navigating these complexities.

Terrence H Thorgaard agrees with this answer

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.