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LegalKnowledge
LegalKnowledge, Attorney
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We purchased fast food from Wendys and after eating some of

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We purchased fast food from Wendy's and after eating some of it noticed there was blood on the sides of the cups and various spots on the bags. We do not know if we consumed this blood or not. There was really a good bit of it, not just a diluted spot. We called the restaurant and they acknowledged that a new employee had cut themself and apologized, offering to refund our money and give us a gift card. What should we do? Should we be concerned about infectious diseases from the blood? Should the person involved be tested? Is there any legal recourse for this? The Wendys is in Utah, and we are in Colorado, discovering this about 15 miles down the road, unable to return to restaurant at that time, but quite upset over this ordeal.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. It is very possible that you could have a lawsuit against this Wendys and should consider being tested to make sure that you did not obtain any diseases or health issue, as a result of the blood. Wendys could certainly be found to be negligent in the manner in which they handled the situation and it is clear that they knew the employee cut themselves. A gift card and refund are nice but it does not cover your medical expenses or if the situation is worse them expected, any damages. As such, you should consult with an attorney this morning, who can look over the facts of the case and can likely write a demand letter to Wendys, asking for not only any medical bills that will be incurred to be paid for but other compensation as well. The test results from the person who drank from the cup and anyone who touched the bag who may have had an open wound, should be tested.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 15984
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer: replied 1 year ago.

Can we or an attorney request that the employee be tested for such things as hepatitis or HIV, or, maybe restaurants require this before employing someone. I don't know. Thank you.

Expert:  LegalKnowledge replied 1 year ago.
Sorry for the delay. Wendys likely will not force them to be tested and that is privileged medical information. As such, you can get tested and see if anything is revealed and seeing how you had no medical issues previously, would know the source and could proceed with a major lawsuit.

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