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RobertJDFL, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 13472
Experience:  Experienced in multiple areas of the law.
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What to do if my child recieve a raw chicken sandwich from

Customer Question

What to do if my child recieve a raw chicken sandwich from Arby's?
JA: What state are you in? It matters because laws vary by location.
Customer: Mississippi
JA: Has anything been filed or reported?
Customer: My wife just call manager on duty
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

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?

Expert:  RobertJDFL replied 9 months ago.

Did you still need assistance with this question? I'd like to be able to help you, but I need you to answer my follow-up question first so I can better answer you. Thank you.

Expert:  RobertJDFL replied 9 months ago.

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.

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