Originally Posted by s1ngle
the only problem is... david told me that the sandwhich was free, his roommate works there and brings home the extras. could he still sue?
I'm no lawyer, but I'll throw my 2 yen in.
h: Let's look at this logically.
You can always sue, but I'd take an honest look at your chances of getting a large enough settlement to make it worth the risk of hiring an attorney and builidng a case.
Given what you've told me, the odds don't sound that good...
The company may indeed be "off the hook" because the sandwich wasn't purchased and consumed on site as a bona fide customer. The company will certainly claim the sandwich was rock-free when it left their hands. Unless you can refute that claim with solid evidence, it's unlikely that you'll get a settlement from them.
If the sandwich was tampered with by the roommate, then you could go after him. But even if you build a solid case against this guy, you probably won't get enough money out of him to cover the legal expenses - never mind your dental work.
The only way I see this working out in your favor is if the sandwich was made by an 3rd party company - and the manufacturer's wrapping was intact up until the time you ate the sandwich and hit that rock. Then the have the burden of accountability is on the sandwich maker - and you have a claim against a party with deep enough pockets to merit a large amount of cash.
Again, you'll need witnesses and evidence to substantiate your claim.
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And again, how long ago did this whole thing take place?
Six days ago or six months ago?