A customer claims he found glass in his food. can we be sued?

Question

The customer called about 3 hours after being there and said he just got out the hospital. He claimed that he found a piece of glass in his food and instantly wanted information on our lawyer. We are a take out rest. We use foam containers and paper paper plates. We sell can sodas and we are not allowed to store food in glass containers (health department). We actually don't even have anything glass in the whole that we use for food. And furthermore, no one else has complained. Is he really just out to get paid?

Answer 1

Trust me on this... Get an attorney on it, then if what he says is true (which itll always take more than 3 hours at a hospital), then you can turn and sue the distributor of whatever food it was... Hes probably lying though.

Answer 2

Welcome the this wonderful sue happy country.  I think you nailed it you are getting scammed...and here is the real shame of it (beyond the fact that there are idiots who think they will make a fortune)...

you will still have to get a lawyer, at your own cost, pay a fortune no matter if you are right or wrong, and that is why so many people even when they have done NOTHING wrong will settle out of court and these greedy plaintiffs and their crook attorneys get paid.  We need tort reform and that is why we can't have a lawyer in the white house.

good luck...I am sure your lawyer can tell you best (don't forget he is on the payroll too) but I would counter sue for liable and defamation and throw in court costs, legal fees, the best defense is a good offense.  

Answer 3

yes, but if your company were smart, they would fight this one.  From what you have stated here, where did the glass come from?  My answer- he planted it!

Answer 4

Possibly. My friend was a waiter at a mom-and-Pop-owned Italian restaurant. There was a guy once who - and I'm serious - demanded a free meal because he found a pencil in his lasagna. An * unsharpened * pencil.

The owner very rightfully bounced his *ss out.

Answer 5

well if he really was in the hopsital. call and ask his doctor

Answer 6

Any idiot can file a suit.

He's counting on you panicking and on your insurance company settling out of court.

Ignore him.

If he bothers you again, insist on seeing the hospital report.  (If he's faking, he never went to the hospital)

If he threatens to sue, tell him you will defend it completely.

If he asks for your insurance company ( a dead giveaway for a scam), tell him you're not doing it through the insurance company, you'll handle it yourselves.

I've had this done to me in a phony accident with a car - I nailed the SOB to the wall.

Answer 7

he probably is just out to get paid , but unfortunately he can do this . it really all depends on the judge if he wins or not  

Answer 8

He may be just trying to get something for nothing, but on the other hand, somehow glass could have entered his food from one of your retailers.  If he just got out of the hospital, I would take it seriously and contact your insurance company to be on the safe side.

Answer 9

Unless he can prove that the glass actually came from your kitchen, you shouldnt be too worried.

Answer 10

yes, you can be sued, but the burden of proof will be on the complaining witness. I don't think people are so desperate for money that they will actually eat glass on purpose.  

Answer 11

duhhhhhhhhhhhhhhhhhhhhhhhhh!!

dang i hate people that try to sue others for no reason.

thats sad

Answer 12

you can sue anybody for anytrhing dose not mean

you'll win.

Answer 13

Yes, you can be sued.

First thing is to find out where that bit of glass is now.

If he's serious it should be with the health department.

They can find out what sort of glass it is.

And they'll visit to check the place.

If he still has it, he's on the make.

Get his full name, the hospital name, the examining doctor's name...

tell him it's for your lawyers....be insistant and formal (don't get pally with him). If he's fake he'll ask for money to go away and if you press for information he'll back down.

Answer 14

yes  

Answer 15

even if he is just out there to get money he'll hv to prove that the glass piece came from ur store and he's goin 2 hv a tuff time doin it if wat ur telling is true

Answer 16

He can absolutely sue... whether or not he can win is a different story! Let your lawyers handle it, but honestly it doesn't seem like he has a chance at winning.  

Answer 17

Uh, yeah!

You can be sued if he found the wrong type of pasta in his pesto sauce.  Welcome to the Lawsuit age!

It sucks.  Cause even though he probably won't be able to prove it, he is banking on your company paying him off so they don't have to go to trial.

Answer 18

yep he can sue you. is there a reason you ask this question repeatedly? the glass may already have been in the food, are you alledging he intentionally ate glass and is trying to frame you? sounds painful.