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Does anyone have direct info Re: fast food drive-thru negligence????
Does anyone have direct info Re: fast food drive-thru negligence????
I went to a fast food drive-thru and got a meal and two drinks that were placed in a cup holder, by the drive thru attendant.
I passed the cup holder, in the way it was given to me, to my passenger.
She placed it in her lap and held it with one hand.
As we proceeded to drive-off. One of the cups fell out of the cup holder, the lid fell off and she received burns to her legs.
Obviously the cup was not secured in the cup holder and the lid may not have been on properly.
Before proceeding with a claim I want to know if any one has had a similar experience. or has direct knowledge of similar claims.
NOT THE - IT WAS TOO HOT - NEW MEXICO CASE
you will have to prove that the cup was "obviously" not secured in the cup holder and the lid was not put on properly.
Also, how will the fact finders determine if there was not contributory negligence on your or the passangers part? That is, did you speed off, make a sharp turn, or slam on the breaks? Was the passsenger attempting to drink while you were driving in traffic?
Finally, have you tried to settle any claims directly with the fast food establishment?
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