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  1. #1
    Join Date
    Sep 2012
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    12

    Question Shards of Glass Found Within My Toddler's Burger Patty

    My question involves an injury that occurred in the state of: California

    Last night we ordered take out at a restaurant we frequent routinely. In the past we have received undercooked burgers at this location, but the manager there has always accommodated us by correcting the issue. However, what transpired last night was the straw that broke the camel's back.

    We ordered a burger for my 4-year old girl through 'to-go' and it arrived raw in the center despite a request for medium-well. Patty was blood-red, while the outside was seared heavily and over-seasoned. We contacted the manager from our home to let him know of the issue, who knows us on a first name basis because of repeated issues. He had expressed that he has always had issues with the cooks in the kitchen and cooking times. He put another burger through and my wife had requested no seasoning on it this time around.

    I picked up the other burger after talking with the manager, who was very apologetic. At no point was I rude or disrespectful to him. In fact, we have always had friendly conversation since as long as I can remember. After bringing the burger home, my wife noticed something shiny on it as my daughter was picking up the burger. She told her to put it down and had a closer look - it was a piece of glass. We first thought it was seasoning again because it looked like salt, despite telling them not to season the burger (which they still did). My wife dug deeper in the burger patty and discovered a shard of tempered glass that is 3-4mm long. We collected a total of 4 shards from the meat and have a photo of it.

    We contacted the manager to let him know that this was the last straw. He again expressed his apologies and was rather speechless. However, we had asked him how 'bitter' are his staff. Realistically, no manager can really express that to a customer since issues like this are resolved internally rather than out in the public.

    We are not sure if the glass was mixed into the ground beef in retaliation, but if a glass or something was broken near uncooked food that is being prepped, wouldn't cooks dispose of the contaminated food and start over?

    What are my options here? My daughter wasn't injured, and I have contacted corporate headquarters of the restaurant already. We are being told to contact the county's health and human services as well to report repeated undercooked food offenses in addition to glass contamination.

  2. #2
    Join Date
    Jul 2018
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    1,068

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting Uranium238
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    What are my options here?
    Options for what?

    You're obviously entitled to a refund for the cost of the food. You didn't mention if you received that, but you likely will if you haven't already.

    If you think this was done intentionally, you're free to report it to the police.

  3. #3
    Join Date
    Sep 2012
    Posts
    12

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    The refund was given to us. Reason for my asking of options was what to next? Never had something like this happen before. If I report it to the police, wouldn't it be difficult to prove intent? On the other hand, you don't just get broken glass in a new meal after complaining about an undercooked prior meal.

    I have a call with the county's HHS shortly and will report it to them.

  4. #4
    Join Date
    Jul 2010
    Posts
    7,604

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    You can report it to the police if you like.

    You can report it to the health department if you like.

    Since no one was physically harmed by the glass, you got a refund and that is the extent of what you are owed.

    I would definitely never set foot in their establishment again.

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
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    1,347

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting Uranium238
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    The refund was given to us. Reason for my asking of options was what to next? Never had something like this happen before. If I report it to the police, wouldn't it be difficult to prove intent? On the other hand, you don't just get broken glass in a new meal after complaining about an undercooked prior meal.

    I have a call with the county's HHS shortly and will report it to them.
    There are no options. no one was injured, so that puts paid on a civil suit. As to criminal, well, you can certainly call the police but they'll likely ignore it as there would be no way at all to prove intent or any obvious criminal charges.

    You can (and did) call the health department but that likely won't go anywhere, either unless the kitchen and facilities are not meeting required standards. Sometimes things happen. IT's a hard and bitter reality.

    Contaminated food doesn't always, almost never does, equal retaliation. Your best option is to patronize that restaurant again.
    "Where do those stairs go?"
    "They go up!"

  6. #6
    Join Date
    Mar 2013
    Posts
    16,671

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting Uranium238
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    Reason for my asking of options was what to next?
    Translation: How do we get lots of money from the food place?

    Answer: Other than a refund and maybe coupons, you get nothing for "what ifs." Your toddler didn't eat the burger and didn't get injured. You haven't won the lawsuit lottery.

    And I seriously doubt that filing a police report will get any results so don't bother.

    At this point you have the option of taking your business elsewhere.

  7. #7
    Join Date
    Jul 2018
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    1,068

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting Uranium238
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    Reason for my asking of options was what to next?
    Since no one was injured and you got a refund, you've gotten everything to which you're entitled, so there's nothing "to [do] next" unless you want to report it to the police and/or the health department.


    Quote Quoting Uranium238
    View Post
    If I report it to the police, wouldn't it be difficult to prove intent?
    Probably, but you don't have to prove anything in order to report it. It may very well be that, if you report it, the police won't be interested and will do nothing more than take your report. Or maybe they'll investigate by talking with the manager and the persons who prepared the meal. Who knows what will come of that?

  8. #8
    Join Date
    Sep 2012
    Posts
    12

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Thanks for the replies everyone. Corporate seems to be taking the matter seriously and dialogue is now open with them. I will not be filing a police report as I think that's just over the top.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,123

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting Mark47n
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    There are no options. no one was injured, so that puts paid on a civil suit. As to criminal, well, you can certainly call the police but they'll likely ignore it as there would be no way at all to prove intent or any obvious criminal charges.

    You can (and did) call the health department but that likely won't go anywhere, either unless the kitchen and facilities are not meeting required standards. Sometimes things happen. IT's a hard and bitter reality.

    Actually the Health Department will take it quite seriously.

    Contaminated food doesn't always, almost never does, equal retaliation. Your best option is to patronize that restaurant again.

    Unfortunately contaminated food is a common form of retaliation as far as restaurants are concerned. Avoiding waste at all costs is another reason that causes contamination as well.

  10. #10
    Join Date
    Jul 2018
    Posts
    1,068

    Default Re: Shards of Glass Found Within My Toddler's Burger Patty

    Quote Quoting llworking
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    Unfortunately contaminated food is a common form of retaliation as far as restaurants are concerned. Avoiding waste at all costs is another reason that causes contamination as well.
    It does happen. It also happens as a result of simple negligence and/or screwing around. When I was in high school (30+ years ago), I worked for a few months at a fast food chain restaurant, and more than a couple bugs were killed and found their way into the burrito sauce. Glass in a burger patty would be hard to pass off as accidental (although, in this case, it sounds like it was very small pieces, so who knows?).

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