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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Personal Injury Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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I FOUND BROKEN GLASS IN A COFFEE FRAPPE THAT I PURCHSED FROM

Customer Question

I FOUND BROKEN GLASS IN A COFFEE FRAPPE THAT I PURCHSED FROM bURGER KING, THE WORST PART WAS I DRANK 4/5 OF IT BEFORE I DISCOVERED IT. THE REMAINING PORTION WAS LOADED WITH SLIVERS OF GLASS. I SPOKE WITH THE DISTRICT MANAGER, WHO WAS SUPPOSED TO CALL ME BACK AND OF COURSE HAS NOT. I WAS JUST WONDERING WHAT MY OPTIONS ARE. I FEEL THIS IS A VERY SERIOUS SITUATION AND I MAINLY CONCERNED THAT OTHERS WOULD RUN INTO THIS SAME SITUATION. THUS FAR I HAVE HAD NO PHYSICAL PROBLEMS, BUT I KNOW I HAD TO HAVE SWALLOWED GLASS. THIS OCCURED 8/6/15.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. It's a very good idea to keep a close eye on your situation and if you have any intestinal issues, to see a doctor immediately.

The main issue with any legal recourse is the lack of physical injury. The law does not give you recourse for "almost" damages. That is, you could have been injured, and but for your own intervention and discovery of the matter you were not. But the law does not compensate for this. To have a case, you need to have quantifiable damages. If, for example, you had to go to a doctor, had to have surgery, recovery, etc... you could sue for those expenses. And "pain and suffering" and "mental anguish" is usually a multiple of the actual quantifiable damages, based upon how long lasting that pain is and how identifiable the physical injuries are. It's a good thing for you physically that you have not incurred any symptoms of injuries from the glass, but on the flip side that means that you're not going to have any strong case against them for any amount of damages (other than "nominal damages", which is a small amount of money, say $1 or $10, that indicates that you won a case but you really didn't win anything of significance).

Again, if you do develop symptoms, you could have a case, but a necessary element of negligence is quantifiable damages, and if you can't establish the specific amount of money that you have been harmed by their negligent conduct, then you wouldn't have a case.

One other thought is that you might be thinking about "punitive damages". The Supreme Court has actually imposed a limit on punitive damages, which is 9 times the actual damages. So if you don't have any proven actual damages, 9x nothing is still nothing.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Hello?

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

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