McDonald’s is guilty of a lot of things – maybe under-salting their fries every now and then, exposing children to clowns at an early age, and maybe ruining my diet. But are they guilty of causing a woman to lose her beautiful singing voice?
That’s just what 52-year-old Brooklyn resident Jacqueline Simpson alleges. She has filed a lawsuit claiming that her voice was ruined after she bit into a penny-sized shard of glass while eating a chicken sandwich. She says that the incident occurred in 2010 in a McDonald’s near the World Trade Center.
“Now when I sing, I have a hoarse, rattly voice,” Simpson told the NY Post. “I still sing alto, but I can’t sing soprano like I used to.”
Her case is currently with the Brooklyn Supreme Court.
“I have to make a lot of calls for work, and I have to tell people that I’m not a man. Before, that never happened.”
According to the FindLaw blog, food-related injuries are usually treated as a product liability claim. More specifically – strict liability.
Under the strict liability theory, this is because Mickey D’s a business that sells chicken sandwiches regularly; they should be held responsible if any product (or sandwich) leaving their facilities is defective. A piece of glass — the size of a penny, according to Simpson’s claim — would certainly be construed as defective
But there are a lot of questions about this lawsuit. Did Simpson swallow the glass? Is that how she claims it affected her singing voice? And the incident reportedly happened nearly three years ago – why wait so long? Is there physical (or medical) evidence?
McDonald’s and liability lawsuits – they seem to go together like, well, hash browns and a McMuffin.