Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
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I've reviewed the question, I have just one or two questions -- did he eat the sandwich? Was he made sick by it? Did he go to the hospital or doctor and receive treatment?
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I never heard back from you so I don't know whether you still need assistance, so I'll do my best to answer this, and if you need additional information after reading my answer, please don't hesitate to reply back, and I'll be happy to continue working with you!Whether there is any potential cause of action depends on the circumstances. If your son ingested the sandwich and became very sick and needed medical attention/treatment, then certainly I would say you should contact a lawyer about reaching out to Arby's. Your damages would be any uninsured medical expenses that you were responsible for. You may also be able to claim pain and suffering on his behalf. However, you'd have the burden of showing that it was the sandwich, and not something else (e.g., the flu, a stomach virus, something else he had eaten) that made him ill.If, on the other hand, he noticed the sandwich was raw before he ate it, or took one bite and promptly spit it out, then there are no damages suffered. I still think that your wife was correct to bring it to the attention of the manager, and I think it's also worth reaching out to Arby's corporate offices and letting them know what happened, as clearly that should never happen to a customer. In the absence of damages though, I wouldn't expect anything more than an apology and maybe a coupon for a free sandwich/meal.Please remember to kindly leave a positive rating for me by clicking on the stars, as that is the only way experts are paid for their time even though you may have already paid a deposit to the site. Follow-up questions asked in this thread do not cost anything additional after leaving a positive rating.If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. 5 star service is my goal, so if I have provided less than that, please tell me how I may help!