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Should This Person get Paid?
This man orders a burger at McDonalds, without cheese because he is allergic.
Without checking he bites into the burger and discovers it's a cheese burger... Now he is suing McDonalds...he claims he was 'that' close to death by the time he got to the emergency room. Now, my thinking is, if you know you are THAT allergic to something and you are a grown man so you have been doing this all your life, WHY is it not YOUR responsibility to check the burger first? A West Virginia man is suing McDonald's for $10 million after he claims he suffered an allergic reaction to a cheeseburger. Jeromy Jackson says he clearly ordered two Quarter Pounders without cheese at a restaurant, and suffered the reaction when he bit into the burger without checking, according to the Charleston Daily Mail. Click here to read the full story The lawsuit alleges the man "was only moments from death" by the time he reached a hospital. http://www.foxnews.com/story/0,2933,292970,00.html |
I think people are way too sue happy nowadays anyway, but you're right, if he's that allergic, he should've had the brains to look at what he was eating.
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The New Mexico woman with the coffee, she did not file a claim for the scalding hot coffee for 3 days until afterward.
She was awarded as I recall $10 Million for spilling hot coffee on herself in a convertable wearing shorts. |
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Check the burger.At my local Mcdonalds,before I leave I look in the bag to make sure my order is right.
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For something that is as obvious to see as cheese on a burger, this consumer has to bear a large part of the responsibility for checking as well. If he was that allergic to the cheese, I would have thought that just self-preservation would have caused him to lift the bun and look. HOWEVER, if someone had slapped the cheese on and then took it back off and then given it to him and then he had eaten it and had a reaction, then that is an entirely different thing.
Our son is allergic to peanuts. He has an anaphalactic reaction, so his airway closes IMMEDIATELY. He is only 13, but believe me, before he eats anything - anything at all!!! - he checks and then double checks to make sure it does not contain peanuts in any form. We have been at restaurants where we have asked them to check ingredient lists and they have acted very nonchallant about it, like it was no big deal. But as soon as I said to them, "If he gets anything with ANY peanut product in it, he will DIE!! And if that happens after I have nicely asked you to check ingredient lists, you better believe I will sue" - oooooo boy, you should see them checking and double checking then!! I've had them bring out the boxes that they made things from just to prove to me that they had checked (they did that on their own) |
If he asked them not to put cheese on it and they did anyway, then my opinion is the McDonald's restaurant is liable.
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Hey I wonder if I could sue for the emotional distress they caused me over the years for giving me dressed burgers when I ordered plain. I wish I had a dollar for every one that I've had to take back to have remade. |
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The McCoffee woman received less then $600.00 in the end.
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