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McDonald’s Customer Finds Crack Pipe in Food

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David B. Datny

Personal Injury Attorney in South Florida

mcdonald s restaurant

Florida McDonalds Injury Lawyer

A Columbus, Ohio McDonalds closed after a customer reported finding a crack pipe in his drive-through breakfast order. Concerned that a similar object might end up in a Happy Meal, the customer brought the matter to the attention of a manager. He refused a refund for the meal and instead reported the incident to the Franklin County Health Department. Inspectors ordered the store closed after finding multiple health code violations occurring while construction was taking place, spreading dust and equipment on floors, food preparation counters, and beverage dispensers. The restaurant was also cited for not complying with cleaning and sanitizing food preparation surfaces and was given two weeks to come into compliance. The franchise operator voluntarily undertook a review of the fifteen other stores it oversees. There is no indication of where the crack pipe came from.

Finding a foreign object in a customer’s meal and learning of multiple health code violations in a food service establishment is very troubling. If you encounter unsafe or unsanitary conditions in a food establishment in Florida, you may phone the Florida Department of Business and Professional Regulation at (850) 487-1395 or file a report online with the Florida Department of Business and Professional Regulation. This agency should also be able to give you information concerning the restaurant’s compliance with the FDA’s food safety standards.

Federal Legislation

You may file a Complaint with the FDA for failure to comply with the agency’s restaurant safety and sanitation standards. Filing a complaint with this agency will trigger an investigation. 

Recently, a new federal statute has been passed, The FDA Food Safety Modernization Act (FSMA), which aims to ensure a safe food supply for both people and animals in the global supply chain. The FSMA rules are designed to set forth specific actions that must be taken at several points in the process to prevent contamination from bacteria causing food-borne illnesses. The Centers for Disease Control (CDC) has reported that each year there are 128,000 hospitalizations and 3,000 deaths in the United States from food-borne illnesses, and this law is an attempt to reduce that number

Florida Statutes

Florida has no specific statutes regarding a customer encountering a foreign object in a meal provided by a food establishment. However, if you have been harmed by swallowing a foreign object, you have the right to file a suit for negligence against the party serving the food, and in order to prevail you would have to show that the foreign object injured you. The presence of the foreign object alone is not enough to give a consumer the right to recover. There is a statute stating that the plaintiff bears the burden of proof in negligence claims involving foreign objects or substances encountered in food served by a restaurant. (See Florida Statutes section 768.0710).

In addition, cities or counties may have their own ordinances regarding food handling, which a skilled and experienced injury attorney research and identify for you.

Personal Injury Lawyer Near Me

Going out to eat should be a pleasurable experience, and as you can see, there are a number of statutes and regulations designed to protect you from injuries sustained by encountering a foreign object or food-borne bacteria at an eating establishment. 

If you or a loved one have been unfortunately harmed by a foreign object in food or have contracted a foodborne illness from contaminated food, or were burned by too hot coffee or food, don’t hesitate to call McDonald’s Injury Lawyer David B. Datny at 561-221-7474 to discuss how we can help you recover for your damages. For more information on what to do after a premises injury at McDonald’s or elsewhere, click here to learn more. 

The Datny Law Firm proudly represents clients injured in Boca RatonDelray Beach, WellingtonLake Worth all the way up to Winter Park – Orlando and throughout the entire State of Florida. Consultations are FREE so do not hesitate to get the help you need.

McDonald’s Location Guide

For your convenience, we have included the address information for several McDonald’s restaurants near Datny Law’s offices in Boca Raton, Wellington and Winter Park – Orlando, Florida. 

Boca Raton

  • McDonald’s
    2911 Clint Moore Rd.
    Boca Raton, FL 33496
  • McDonald’s
    710 Yamato Rd.
    Boca Raton, FL 33431
  • McDonald’s
    21150 S. Military Trail
    Boca Raton, FL 33486

Wellington

  • McDonald’s
    1470 Greenview Shores Blvd.
    Wellington, FL 33414
  • McDonald’s
    2755 S SR 7
    Wellington, FL 33414
  • McDonald’s
    10300 Forest Hill Blvd.
    Wellington, FL 33414

Winter Park

  • McDonald’s
    1302 W Fairbanks Ave.
    Winter Park, FL 32789
  • McDonald’s
    3162 University Blvd.
    Winter Park, FL 32792
  • McDonald’s
    2472 Aloma Ave.
    Winter Park, FL 32792
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