As many of you may have heard, an unfortunate 14-year-old in Michigan ran across a nasty surprise in what was supposed to be a simple Arby’s roast beef sandwich. After digging into his mail Hart noticed something funny, an odd, chewy consistency to the normally tender meat. After spitting out his bite he identified the culprit: a human finger. Summing up the incident quite succinctly, Ryan Hart said, “It was just nasty.”
Readers should know that this wasn’t an attempt by Arby’s to diversify its menu; the severed finger was the result of a kitchen accident by an employee at one of the chain’s local stores. According to reports, an employee cut off her finger with a meat slicer while preparing Hart’s sandwich. In a panic, she quickly left her station, failing to warn her coworkers about the injury (or the missing digit). Unaware that there was a problem, the rest of the staff continued filling orders, delivering an unexpected surprise to the teenager.
Hart’s mother, Jamie Vail, is not yet in a forgiving mood: “Somebody loses a finger and you keep sending food out the window? I can’t believe that.” Vail said that her son has been traumatized by the incident and has had trouble eating and sleeping. He’s even been given prescription medication to deal with the stress.
Arby’s decided it was best to offer some kind of response for the embarrassing and potentially expensive mistake. John Gray, Arby’s vice president of corporate communications, issued a statement saying, “Arby’s wants to reassure customers that we are committed to providing quality food in a safe and healthy environment. We are deeply concerned and apologetic to the guest involved in this unfortunate incident…. An isolated and unfortunate accident occurred in a franchisee’s Jackson, Michigan restaurant in which an employee was injured. Upon learning of the incident, the franchisee’s restaurant team shut down food production and thoroughly cleaned and sanitized the restaurant. The franchisee fully cooperated with the Health Department during the investigation, and the restaurant was given the approval to remain open.”
Given the volume of food that is prepared by workers across the country on a daily basis it’s not shocking that accidents happen. Arby’s finger incident was certainly not the first time nor will it be the last that someone bites into his or her food to discover an unwanted surprise.
Don’t be surprised if we soon discover that a personal injury lawsuit has been filed against Arby’s for this incident. Under Alabama personal injury law, the claim for the minor child would have to pursued through his parent(s) or guardian or what is known as his next friend. In such a case, claims for negligence, wantonness, recklessness, and punitive damages would typically be pursued. In this case, the minor would likely seek damages, for any past and future medical expenses, pain and suffering, and mental anguish. It seems that the largest component of damages would be the mental anguish damages. If you or someone you know has been the victim of another person’s careless mistake, whether or not food preparation was involved, call the experienced Huntsville personal injury attorneys at Martinson & Beason, PC for a free personal injury consultation today.
Source: “Teenage Boy Finds Finger in Arby’s Sandwich,” by Sarah Weir, published atYahoo.com.