Blame The Victim Appears To Be the First Line of Defense

February 26, 2011

“Why wouldn’t she check her food before eating it?” That is the wrong question to ask because by the same token, and as easily, one could say why would McDonald’s not properly check the food it is serving. The logic in that question is simply meaningless. Why would Toyota drivers not have their vehicle inspected bumper to bumper to make sure that the accelerator would not get stuck–it is their fault for having driven a vehicle they failed to properly inspect at the time they purchased it!!

This of course is the logic proffered by the writer.

McDonald’s, and all other business in the business of providing food to consumers, have a duty of reasonable care to make sure the product they place in the stream of the market are safe for their intended use. It is their legal duty to make sure the product they are making is in fact reasonably safe for its intended use. It is their product, they are making it, they are in charge of the procedure by which the product is made, they are in the best position to make sure that their legal duties are met.

While it may be a good habit to systematically inspect the food you are being served at any establishment, not doing so does not alleviate the restaurant’s legal duty to serve you with safe food.

The essence of the article below is that the woman was careless in having failed to notice the piece of glass in her food and the writer finds it odd–although she does not find the failure by McDonald’s to notice the same object as odd!

McDonald’s is under fire after an Illinois woman filed a lawsuit claiming she found a shard of glass in a McDonald’s chicken sandwich. Vjollca Lecaj claims she was eating a spicy McChicken sandwich at the Oak Lawn McDonald’s location in Chicago when she chewed a large shard of glass, which she states was inside the sandwich.

According to an article at CBS News, the lawsuit claims McDonald’s failed to properly inspect the sandwich, restaurant and cooking equipment to prevent injury. Agreeably the restaurant is responsible for the upkeep of equipment, and the inspection of the food being prepared, but it seems odd that a “large shard of glass” could be overlooked by everyone who handled this woman’s food.

Lecaj is seeking more than $600,000 in damages from McDonald’s, citing extreme pain and anguish, and product liability and negligence. While no one knows what really happened in this situation, but why wouldn’t you check your food prior to eating it? It is true the restaurant should make sure the food is safe, but why would anyone place their safety solely in the hands of someone else — especially with all the creepy stuff which has been known to happen with restaurant food.

via McDonald’s Lawsuit Filed over Glass in Chicken Sandwich – National restaurant news |

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  1. Behr says:

    I totally agree with you.

  2. Shakespeare says:

    You have a great blog here!

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