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      09-07-2018, 10:03 AM   #45
jaye944
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personally I would ask for that $300 in store credit
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      09-07-2018, 10:30 AM   #46
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Not read through all 3 pages, but get the jist.
IF already stated/discussed apologese

So

Anytime something like that happens, take a picture, ask someone near you to witness, go see the manager, take a picture of the "metal bit" DONT give it to anyone in store

A general rule of law, the person with the most money and resources usually wins.

IF you had pictures, straight out TWITTER it out, companies are VERY scared of social media

Personally, I think letting them off with just medical bills is a bare minimum.

IN US slighly different from other places in regards to sueing companies, you have to show pain and suffering, mental anguish, loss of earnings, the full 9 yds

with NO evidence, 300 bucks could be misconstrued as a good will gesture.
BUT could also be seen to be acknowledging it and therefore having responsibility.

WHY would a company offer you ANYTHING, unless there was something in it.

They don't like bad publicity and unless you can get a lawyer who will do it pro-bono or for a no win no fee arrangement. Yours SOL

Sometimes the actual leg work is not worth the payout

but get GOOD legal advise


Quote:
Originally Posted by Honda View Post
Hi Everyone,

Looking for some advice on how to handle this case. Back in June 15, 2018 my wife was eating chow mein at Panda Express and chew something very solid that was inside food which broke one of the molar tooth.

I called Panda Express HQ in California and they asked me to provide dental records, x-rays picture of tooth broken and what I am looking for. Long story short, I provided all what they asked for and just asked them for cost of breaking the tooth which needed a crown for ~1300 dollars. The case took more than two months and it was extremely frustrating just trying to follow up as they don't seem want to solve the problem. Then last week I got call from Risk Management department asking for the piece that was in the food that broke the tooth. I didn't have that piece as it was left at the store and I have told them that in the beginning when I opened the case.

One day later (last week) they called me and told me that store manager didn't have the foreign object and "does not recognize" this incident at his store so they wont proceed with claim and offered me (to make customer happy from what he calls) a check of $300. Of course I refused and asked for full payment for my wife's crown repair. They told me you have 1 week to think about it and they cannot do anything more than that.

I am not sure how to proceed now whether to fight it more or not. Do I stand any chance of winning this further or should I accept $300 and swallow the rest of the costs?
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      09-07-2018, 10:34 AM   #47
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oh another point, IF your dealing with this yourself, they will ignore and pee all over you,
get a lawyer, they will deal better with them, maybe just suggest it , the $300, is a first offer, you "could" say yes, OR play hardball and tell them to go fuq themselves, your gonna hire a lawyer.

GO pay a lawyer, 50 bucks, or something like that to write them a letter,
you may be surprised and they will come back with a better offer

But don't accept the first offer, your problem is no corroborating evidence, and in this day and age, you got a smartphone, so pic and video, boggles the mind
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      09-07-2018, 10:40 AM   #48
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Hope you have deep pockets. Panda sure does.
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      09-07-2018, 11:30 AM   #49
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Quote:
Originally Posted by jaye944 View Post
personally I would ask for that $300 in store credit
Lol

What are the odds that he gets another foreign object in his food again?
Maybe this time, he can preserve the evidence and really take their insurance company to the cleaners.
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      09-07-2018, 12:12 PM   #50
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Quote:
Originally Posted by xander_g View Post
Lol

What are the odds that he gets another foreign object in his food again?
Maybe this time, he can preserve the evidence and really take their insurance company to the cleaners.
PMSL
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      09-07-2018, 12:16 PM   #51
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TBH, I've been to Panda loads of times, wife usually gets there take out, no problems

I've only ever once got "something" in my food, I got a very small sliver of metal, teeny tiny, and an oil taste, got it from a coke machine in a Burrito place, think it was from the ice dispenser. I should have gone back, but couldnt be arsed.

I did get full on food poisoning from a take out, along with, 50 other people.
Wife arranged the food from a place she'd used before. So the client, her company and everyone who had left over food got F/P

Again, not worth the hassle, BUT the company did make a written complain to the city and I left a heaving complaint on tripadvisor,
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      09-07-2018, 12:32 PM   #52
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I have decided to take the check $300. I don't see this fair to me but I don't want to waste more time on this.
I have talked to some lawyers and they told me for the amount you are asking for it is not worth it. I would end up paying lawyer more than what I am getting.

To people saying you need evidence, what more evidence do you need more than showing the store manager the piece of tooth with blood on it? No matter what you do, they can always comeback and tell you that you might have had this issue before coming to restaurant. If Panda express has any honesty, they would have honored that and made it right but they wont.

Lesson learned to never eat at this chain again!
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      09-07-2018, 12:57 PM   #53
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Originally Posted by Honda View Post
I have decided to take the check $300. I don't see this fair to me but I don't want to waste more time on this.
I have talked to some lawyers and they told me for 1. the amount you are asking for it is not worth it. I would end up paying lawyer more than what I am getting.

To people saying you need evidence, 2. what more evidence do you need more than showing the store manager the piece of tooth with blood on it? No matter what you do, they can always comeback and tell you that you might have had this issue before coming to restaurant. 3. If Panda express has any honesty, they would have honored that and made it right but they wont.

Lesson learned to never eat at this chain again!
1. correct

2. you need a verifiable record of something like this happening

3. its not about honesty, if word got out that panda is giving out money, everyone will be finding objects in their food
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      09-07-2018, 01:01 PM   #54
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Take them down to Chinatown!
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      09-07-2018, 01:11 PM   #55
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Quote:
Originally Posted by Honda View Post
I have decided to take the check $300. I don't see this fair to me but I don't want to waste more time on this.
I have talked to some lawyers and they told me for the amount you are asking for it is not worth it. I would end up paying lawyer more than what I am getting.

To people saying you need evidence, what more evidence do you need more than showing the store manager the piece of tooth with blood on it? No matter what you do, they can always comeback and tell you that you might have had this issue before coming to restaurant. If Panda express has any honesty, they would have honored that and made it right but they wont.

Lesson learned to never eat at this chain again!
> sorry I didn't see that part , you spoke to the manager,
should have had it on video, and not given him the "bit" anyway... it's done, get the money and run
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      09-07-2018, 01:12 PM   #56
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doesn't mean this won't happen again someone where else

anyway also a good point putting your money where you mouth is

also trash them on social media

Quote:
Originally Posted by Honda View Post
Lesson learned to never eat at this chain again!
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      09-07-2018, 01:14 PM   #57
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also I think it's bad PR for them admitting/ owning to this, there never gonna essentially admit to liability.

Like in all things, 2 things you never say in an accident or generally in life

1> I'm sorry
2> Admit it was your fault

Expect a law suit otherwise LOLZ

Quote:
Originally Posted by xander_g View Post
3. its not about honesty, if word got out that panda is giving out money, everyone will be finding objects in their food
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      09-07-2018, 02:39 PM   #58
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Quote:
Originally Posted by Honda View Post
I have decided to take the check $300. I don't see this fair to me but I don't want to waste more time on this.
I have talked to some lawyers and they told me for the amount you are asking for it is not worth it. I would end up paying lawyer more than what I am getting.

To people saying you need evidence, what more evidence do you need more than showing the store manager the piece of tooth with blood on it? No matter what you do, they can always comeback and tell you that you might have had this issue before coming to restaurant. If Panda express has any honesty, they would have honored that and made it right but they wont.

Lesson learned to never eat at this chain again!
Because you wouldn't believe what people try to pull nowadays. They've seen this story or ones like it a billion times I'm guessing. Sorry it happened and I hope your wife is done with the dental work/feeling better. Glad you decided to just put it behind you and move in.
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