Sue taco bell? lawyers please help!?

Question

Taco bell has great food but I just had a bad experience. I went to taco bell drive thru to get food for someone else who's allergic to beef. I told them to get me "cheesy been and rice burrito." Instead, they gave me "cheesy beef and rice burrito". The person who ate the burrito puked three times but luckily didn't have to go to the hospital. I went to taco bell like half hour later and stayed argued with them for literally 2-3 hours. According to them, all they could do at the time was refund my money. I got the refund and left after almost 3 hours. Do you think I have a case? What category should I file the case under? Please help! what's the best way to deal with this situation? I'm obviously not satisfied with just getting my money back considering all the trouble and pain the other person had to go through.

Answer 1

Sue for what?  Your own stupidity?  Your friend puking because neither one of you had the brains to CHECK THE FOOD before the moron ate it?  Any time you order something a particular way for a reason (even a perceived allergy that's not really an allergy), you should make sure you got what you ordered before you eat it.

Answer 2

It sounds like a pretty honest mistake to me, I mean 'bean' and 'beef' would be pretty easy for anyone to mis-hear, especially through one of those drive-thru intercoms.  I know your friend had a horrible experience, and if it was some kind of negligence on taco bell's behalf then I would support you, but is it really fair to sue over an honest mistake??

The lawsuit culture that has developed has everybody petrified of making small mistakes for fear of getting sued over it.  And I know it's easy to think of taco bell as just a big corporation with plenty of money to spare, but imagine if it was just a local family restaurant who made the same mistake, would you still wanna sue them?  And think of the damage these kind of lawsuits do to the legal system.. the only winners are lawyers in the end because corporation's insurance premiums will go up, so their costs and prices go up, and everyone else ends up paying for it.

I'm not a lawyer, this is just my opinion.  If you think it was genuine negligence then I think maybe you should pursue it, to protect the safety of other diners at taco bell.  But if you think it was just a communication mistake then I urge you to just let it go..

peace.

Answer 3

well u might be able to for a little.......

but u probly cant. it sounded like a mistake.

Answer 4

If you're that allergic to beef, what are you doing eating it without looking at it first?  Maybe this person needs to stop eating their tacos in the dark.

Look for bean pieces next time.

Answer 5

No, your friend does not have a case. First of all, Taco Bell will hire a big shot lawyer to defend them. You think they will let themselves get sued by just anyone? So you will have to spend alot of money hiring a lawyer and paying all the necessary fees. Even then, your case just would not stand up in court. Reasons being:

1.) Taco Bell did not know your friend was allergic. If you would specified "I have a friend who is allergic", Im sure they would have triple-checked the order.

2.)Fast-food places ALWAYS mess up orders. Confusing the words bean and beef seems like that would be common.

3.) The person, knowing they were eating from a TACO place, should have double checked their food if they were really being cautious about what they ate.

4.) Taco Bell did not intentionally harm your friend. They did not know your friend was allergic, you did not specify, you nor your friend bothered to check the food before he/she ate it.

5.) It was out of the control of Taco Bell. The mixed up your order, thats not a crime. All they could do is give you a refund.

Answer 6

as a person who has a severe allergy to something i feel that they have to take charge of that allergy....if they are "THAT" allergic its up to them to make sure they are not eating beef....i would look before eating it..... and its very obvious it had meat on it because you can see it visually and taste it for that matter (so why continue eating it once you realize it has beef on it)....its only  a human hand on the other end and humans make mistakes .....i personally don't think you stand a chance regarding a law suit....if you have a allergy you have to take it upon yourself to check and double check you are not consuming it...and certainly you shouldn't eat it anyway...even if they gave you the wrong item by mistake...

Answer 7

You can only really file a small claims suit for financial loss. Since there is no hospital bills, they have already compensated you for the food, there really is not a case. Even if you did want to continue trying to sue it would be the other person that would need to sue. If the other person is the one that was in such extreme pain then it's him who should be compinsated anyways. not you. I think it sounds like you just want money when you didn't do anything to earn it. It's frivoulous to try to sue someone that made an honest mistake. What makes you think they owe you anything?

Answer 8

over such a small matter, been v. beef, i dont honestly believe that you'll come out with a strong case in court. i would suggest definitely discussing matters with the manager at taco bell and ask them what they think you should do, and let them know that you do plan to continue to press the matter (in terms of calling, maybe spreading the word). also, as a tip, i might suggest not going through the drive thru on custom orders.

Answer 9

what do you want them to do they should have checked you cant sue just for them getting you order wrong they puked so waht like people dont puke on fast food all the time ive thrown up to on fast food they gave you your money back that is all your intitled to

Answer 10

I would think if there was such an extreme allergy to beef, then the friend would make sure to check to make sure there was NO beef. If your that worried about it, maybe you should have looked too. And if noone looked to make sure it was beef free...why eat more than a bite, where it should have been obvious.

Answer 11

no they probaly misunderstood your order and heres an example you should sue for and let your friend handle her buisness because you don't wanna get caught up in that stuff going to court and why would you sue taco bell it didn't happen to you worry about your self thats the key to living don't worry about anyone else and that a easy mistake "beans and beef"

if they put spit bugs or anythig else