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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26547
Experience:  16 yrs. of trial experience
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Personal Injury question and using a company name

Resolved Question:

need to know if I can get in trouble for buying a domain with a name of a restaurant within the domain. I want to build a bad review site about them for a metal screw that was found in the food we ordered and my daughter almost ate it. The restaurant sent my email to them over to there risk management company and they are only offering $150... I was asking for more... anyhow I want to do something about this asap and let others know to beware of there food.. So would I get in trouble building a site about this with there name in the domain?


 


 


:BELOW IS WHAT I SAID TO THE OTHER LAWYER I SPOKE TO ON HERE ABOUT A MONTH AGO.


 


Hi, I wanted to find out if I could sue a well known steakhouse for getting a meal for our 1 year old daughter that had a sharp metal screw within the food its self. Or do some sort of settlement with them? As when I was there and showed it to them they made it like it was no big deal.


hi, this happened about 10 days ago, she did not get hurt because i took a bite (thankful it was me) and was chewing and kept chewing and it was hard so i pulled it out and it was a screw with plastic around it with a sharp point.


 


they gave me a $20 giftcard and said sorry, but later when i got home i notice one of my tooths that was already bad chipped more im sure from the screw being so hard..


 


my biggest problem is how lightly they took it like it happens all the time..


The attorney I spoke to on here on justawnsers.com said I could threten to due under the theory of "negligence.


I have spoken to there claims company and as I said they said $150 they will offer... I said I want a min of $1,000 and its not so much about the money but holding them liable for this issue as it could of resulted in very bad injury to my one year old or even death..


 


 


Just let me know your thoughts.. 

Submitted: 1 year ago.
Category: Legal
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

If the purpose of the site is to expose the public to your view on the restaurant (for example, kfcsucks.com)? Not a problem. With a caveat...

You can use the name to promote your agenda (to spread personal information you have on the business in question). No issue with that.

But a couple of potential concerns

1. If you run the website for profit? Say, for example, you sell add space on the site? Then you run the potential objection for violating there intellectual property rights to make money for yourself). That would expose you to liability for violation of their trademark

2. You also run a risk of a "defamation" claim...they could, for example, sue you and claim you are lying about what happened. Now...the truth is an absolute defense in any defamation claim. So if they sue you, they would have to prove you were lying. But I caution that they likely have lawyers on retainer that could sue you and force you into this process...and force you to make a decision to hire a lawyer to respond or to represent yourself at trial.

Other than the above, you can use the name.


P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26547
Experience: 16 yrs. of trial experience
P. Simmons and other Legal Specialists are ready to help you
Customer: replied 1 year ago.

OK, Great yeah I am not using it to make money and I do have recorded emails from them saying they were sorry and that they are half way admitting to this happening, but they blame it on a supplier of the food. anyhow If you can read above what I edited and posted and tell me your thoughts on the settlement issue....


 


I was using this domain idea to expose them if they are not willing to settle with me then I will let others know about what happened with us when we ate there...


 


Just wanted to make sure i was not breaking any laws..

Expert:  P. Simmons replied 1 year ago.
That is more difficult.

Settlement is limited by your potential winnings at trial.

Say you have a case worth potentially $500K at trial? Then settlement for $200K -$400K can make sense for both sides.

But what you describe? If there are no injuries? You have no case...or, rather, your cases is limited to damages you can prove.

Cost of the meal would likely be it...unless you can prove injuries somehow.

So you can voice your displeasure.

But forcing more money from them? Not likely since your case at trial is not worth much at all


Sorry to have to bear bad news.

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