View Full Version : Legal Question
Sylar
28-04-2008, 02:31 PM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
scott7_0(Prague)
28-04-2008, 03:28 PM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
Did you manager to document this in anyway (phone picture) if no then maybe you have missed your boat so to speak, it could now turn into your word against mine.
anyway that will teach you to eat in McDonalds! :greengrin
Sergio sledge
28-04-2008, 03:52 PM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
It's better than finding half a dead slug in your salad.....:greengrin
Seriously, that was a poor show, and they should have done more for you. My wife found dead frozen ants in some frozen raspberries the other day, and Tesco's took our name and address and are going to contact us this week to offer compensation, here's hoping its a decent amount.
Legally though, I don't think you have much leverage, as I'm sure that all they are obliged to do is offer a full refund, but I can't be certain of that.
G15 Hibs
28-04-2008, 05:13 PM
I remember hearing about this case a few years back. It's about finding a snail in a bottle of ginger beer in Paisley that set a president of Duty of Care.
See if you think it relates to your friends case.
http://en.wikipedia.org/wiki/Donoghue_v._Stevenson
Next time, ask her not to order the McSlug Salad :wink:
Onceinawhile
28-04-2008, 05:51 PM
with the duty of care precedent your claim will be against those who pre packed the salad not maccy ds. however id take it up with maccy ds as well for that shocking level of service.
good luck with it
Scouse Hibee
28-04-2008, 08:50 PM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
Freshly prepared when you order it rather it being set on a plate hours earlier is all that means, so you have no grounds on the pre-packed issue.
With regard to the contaminated food, you can report it to the council EHO who will investigate on your behalf. They will ask the restaurant to explain their procedures in how they prepare,wash etc and ensure that they have sufficient procedures in place. As it is not unknown for a live insect to be found in salad it's unlikely that any action would be taken against them and the best you could hope for is probably an apology, refund and the offer of a free meal as a gesture of goodwill.
Sylar
28-04-2008, 09:42 PM
with the duty of care precedent your claim will be against those who pre packed the salad not maccy ds. however id take it up with maccy ds as well for that shocking level of service.
good luck with it
I should stress that it wasn't McDonalds - i'd rather frequent McDonalds than this shower following today.
Any apology and refund would be enough. I wouldn't eat in there again - not just because of the insect (which I can appreciate WILL happen due to the nature of the foodtype) but the completely dismissive attitude which accompanied from manager and waitress alike.
IWasThere2016
28-04-2008, 09:49 PM
Plenty protein in slugs you know!
Steve-O
29-04-2008, 12:25 AM
Might not be worth taking it further, such legal action usually goes along at a snail's pace :offski:
Storar
29-04-2008, 12:46 AM
Just add a bit more salt
Monts
29-04-2008, 08:34 AM
Was it a vegetarian salad? :dunno:
scott7_0(Prague)
29-04-2008, 08:52 AM
I should stress that it wasn't McDonalds - i'd rather frequent McDonalds than this shower following today.
Any apology and refund would be enough. I wouldn't eat in there again - not just because of the insect (which I can appreciate WILL happen due to the nature of the foodtype) but the completely dismissive attitude which accompanied from manager and waitress alike.
Name and Shame!
JimBHibees
29-04-2008, 10:50 AM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
I would complain abut this to their Customer Service Department who will be used to dealing with such things. As you have witnesses they are more likely to offer you some compensation. List in detail in a non-confrontational but accurate manner and ask for an explanation. Raise it further if you arent happy with how they are dealing with it.
Phil D. Rolls
29-04-2008, 11:16 AM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
I refer my honourable friend to that famous case where a slug was found in a bottle of ginger beer. So famous, I can't remember what it was called...
Anyway, the judge said that if the person had become ill cos of the slug then they'd have a case to answer, but no-one was harmed and he said that there was nothing wrong with it.
Or, did he say "keep quiet or everyone will want one" - I can never remember.
greenlex
29-04-2008, 11:23 AM
This afternoon, myself and a couple of friends from Uni paid visit to a globally renowned restaurant (who shall remain un-named for now) to grab a quick bite to eat. One of my friends decided she was going to have a fresh salad.
Midway through said salad, a very much alive and well slug was discovered in the midst of her food. Unexpectedly, and impulsively, she spat out the food she had in her mouth and proceeded to be sick upon the realisation of what had happened. This was raised with the manager who offered nothing but to remove one of the items from the menu and raise it to their customer care team.
I feel this wasn't good enough and i'm extremely disturbed that a restaurant who are present and profitable the world over, would allow a live object into their food. Not only is this a breach of environmental food and hygiene standards, but it encompasses false advertising as they told us (in the middle of our complaint) that their salad stuff comes in pre-packed, yet it is displayed as "freshly prepared" in their menus.
What grounds exist for legal action if any - it's not so much just the incident itself, but the laissez faire attitude which accompanied.
You would pay a small fortune for this delicacy in France. She should count herself lucky. :agree:
If only this was america, you could sue the bassas! :greengrin
I would keep complaining. They might eventually give you your money back to shut you up :wink:
Sylar
30-04-2008, 08:22 AM
was it pizza hut ??
Good guess! :brickwall
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