i just found a small cooked roach on my sandwhich from steak and shake. i took the sandwhich back before i even reached home and spoke to an employee who said"about time! someone needs to take them to court. we have so many bug problems" they would not give me a refund without a manager there but they made a joke and gave me a paper that they wrote "roach burger" on, and put their signatures and told me to come back in the a.m. for a refund. im thorwing up because i eat there all the time and they said that they have alot of bugs and that this happens all the time. one of the guys told me that he hopes i sue them cause he will testify how gross it is up there and he gave me his phone number and told me to get a lawyer. the other employees thought it was funny. i am very upset and sick. what should i do?
Country relating to Question: United States
State (if USA): Florida
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.Have you suffered any type of food poisoning that has required medical attention or have you seen a doctor about this?
no sir. this just happend about 25 minuets ago, would it be a waist of time to sue them?
Thank you for your follow up.Unfortunately, in such cases you would only be able to sue for any medical treatment / costs that you have suffered as a result of this incident, unless you suffer some type of permanent injury, which is not likely in most cases, unless whatever is found in the burger is of poisonous nature.I would suggest however that you do take photos of this burger and do contact the corporate headquarters of Steak and Shake and also file a written complaint with them in which you can demand a compensation for this incident at: Steak n Shake Corporate Office | Headquarters36 S. Pennsylvania St. Ste. 500 Indianapolis, IN 46204(317)633-4100I would also suggest that you do contact local media, such as TV News team and expose this unsanitary condition and unacceptable situation and customer service of the restaurant.Also it would be a good idea to file a formal complaint online with a local Better Business Bureau and also contact the local code/health inspector and file a formal complaint against this poorly managed and maintained fast food restaurant.I am terribly sorry that this has happened to you and truly hope that you do feel better and fully recover from this shocking and disturbing experience.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).