Can I Sue Mcdonald’s For Raw Burger?

TL;DR: Yes, you can potentially sue McDonald’s if you are served a raw burger and suffer harm as a result. Legal grounds for such a lawsuit include negligence, breach of warranty, or product liability. The success of your claim will depend on the specific circumstances, including evidence of harm and adherence to legal procedures.

If you’ve been served a raw burger at McDonald’s, you may wonder if you have grounds to sue. Here’s a detailed look at the potential legal avenues and what you need to consider before pursuing a lawsuit.

Legal Grounds for Suing McDonald’s

Negligence

To sue for negligence, you must prove that McDonald’s failed to meet the standard of care expected, resulting in harm to you. This involves demonstrating that:

  1. McDonald’s owed you a duty of care.
  2. They breached that duty by serving a raw burger.
  3. The breach caused your injury or illness.
  4. You suffered actual damages (e.g., medical expenses, lost wages, pain, and suffering)¹.

Breach of Warranty

When you purchase food, there’s an implied warranty that it is safe to eat. Serving a raw burger could be considered a breach of this warranty². If you become ill or suffer harm, you might have a valid claim for breach of warranty.

Product Liability

Under product liability law, companies can be held responsible for defective products. A raw burger can be seen as a defective product. To succeed in a product liability claim, you would need to show:

  1. The burger was defective (raw and unsafe).
  2. The defect existed when it left McDonald’s control.
  3. The defect caused your injury or illness.

Steps to Take If You Receive a Raw Burger

  1. Document the Evidence: Take photos of the raw burger and keep any receipts or packaging.
  2. Seek Medical Attention: If you feel ill, see a doctor immediately and keep records of your medical treatment.
  3. Report the Incident: Notify the McDonald’s where you purchased the burger and file a complaint with the local health department.
  4. Consult a Lawyer: You may want to contact a personal injury attorney to discuss your case for your legal options.

Potential Damages

If your lawsuit is successful, you may be entitled to various forms of compensation, including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Punitive damages (in cases of gross negligence)

Key Takeaways

KEY TAKEAWAYS
  • Negligence: Prove McDonald’s breached their duty of care by serving a raw burger.
  • Breach of Warranty: Demonstrate the raw burger violated the implied warranty of safety.
  • Product Liability: Show the raw burger was defective and caused harm.
  • Document and Report: Collect evidence, seek medical help, and report the incident.
  • Consult a Lawyer: Discuss your legal options with a personal injury attorney.

    • References

    ¹ See Restatement (Second) of Torts, § 402A
    ² Uniform Commercial Code, § 2-314