I am Jarritos soda, destroyer of worlds
June 30, 2013 4:28 PM Subscribe
I picked up a to-go order of food, which included a bottled soda. My hands were full for the walk home, so I put the soda in my shoulder bag so I could carry everything else. When I got home, the soda bottle was empty, and my bag—containing my laptop and iPad—were full of sticky soda. Turns out the server had loosened the bottle cap, but didn't tell me.
I'm generally super-careful with my electronics and have never broken anything in my entire geek history of 25+ years. While I think the blame is shared here between me (for not carefully inspecting the bottle) and the server for loosening the cap of a to-go order and not informing the customer, do I have a leg to stand on asking the restaurant to share any of the responsibility?
After the spill, I did thoroughly clean the devices (and tried submersion in dry rice for 24 hours as I've read about) to see if that would rescue them, but alas both were destroyed.
While the total value of items was in the neighborhood of $2,000, I did have an extended warranty on the laptop, so I got a replacement for $50, but the iPad was out of warranty so a replacement was $300 + tax, and the laptop's keyboard (a separate accessory) also had to be replaced for $100. So I'm out nearly $500.
I stopped by the restaurant to explain what happened, but the manager was pretty incredulous and was not willing to do anything to help. She claimed that "they don't open soda bottles for to-go orders", but I produced the cap that clearly showed a bottle opener indentation, so she's wrong on that.
She said if the accident had occurred *inside* the restaurant (like a waiter had knocked a drink onto my laptop) then the story would be different from an insurance perspective, but because I placed the soda in my bag and left the restaurant, she absolves herself of responsibility.
Do I have any leg to stand on here (with perhaps a small claims case), or should I just let it go since it was an accident with culpability from both parties? (and I'd appreciate skipping past the "You're a fucking idiot for putting liquid in your bag" answers, which I do not disagree with but are not helpful to me at this moment.)
I would be satisfied if the restaurant had offered to pay half the damages (~$250), but with an amount like that I don't even know if the hassle of small claims would be worth it.
I'm generally super-careful with my electronics and have never broken anything in my entire geek history of 25+ years. While I think the blame is shared here between me (for not carefully inspecting the bottle) and the server for loosening the cap of a to-go order and not informing the customer, do I have a leg to stand on asking the restaurant to share any of the responsibility?
After the spill, I did thoroughly clean the devices (and tried submersion in dry rice for 24 hours as I've read about) to see if that would rescue them, but alas both were destroyed.
While the total value of items was in the neighborhood of $2,000, I did have an extended warranty on the laptop, so I got a replacement for $50, but the iPad was out of warranty so a replacement was $300 + tax, and the laptop's keyboard (a separate accessory) also had to be replaced for $100. So I'm out nearly $500.
I stopped by the restaurant to explain what happened, but the manager was pretty incredulous and was not willing to do anything to help. She claimed that "they don't open soda bottles for to-go orders", but I produced the cap that clearly showed a bottle opener indentation, so she's wrong on that.
She said if the accident had occurred *inside* the restaurant (like a waiter had knocked a drink onto my laptop) then the story would be different from an insurance perspective, but because I placed the soda in my bag and left the restaurant, she absolves herself of responsibility.
Do I have any leg to stand on here (with perhaps a small claims case), or should I just let it go since it was an accident with culpability from both parties? (and I'd appreciate skipping past the "You're a fucking idiot for putting liquid in your bag" answers, which I do not disagree with but are not helpful to me at this moment.)
I would be satisfied if the restaurant had offered to pay half the damages (~$250), but with an amount like that I don't even know if the hassle of small claims would be worth it.
YES!
Unless maybe the server told you she was loosening the cap, or you ordered to eat in and she had no idea you might try to carry the bottle out with you, or you're a regular and had reason to know that they always loosen the drink caps?
If none of that is true, and you really had no way of knowing that was the case, the restaurant is definitely partially liable for the damages to your equipment.
If I were you, I'd make sure to keep the receipts of replacement items and call the store owner or regional manager or the highest person at the company that you can get in touch with who can handle this for you. Let them know what happened, that $X of equipment was destroyed due to their employee's negligence, and ask them to reimburse you for the damages.
I wouldn't ask for anything if you don't plan to replace the items.
I'm not sure I'd go to court over it for $500, but it's definitely worth asking. And you should absolutely bring it to their attention that this is happening, because UGH why on earth would anyone intentionally loosen the caps on drinks for to-go orders? If that's part of their customer service workflow, the procedure needs to be changed, stat. If it's just a cute innovation on the part of that particular server, he or she needs to be corrected, like, yesterday.
I would absolutely not stop at the manager on duty when this happened. Those people are clueless and mainly just trying not to get in trouble with their boss. Call the boss. (You may also want to mention that you spoke with a manager who was not helpful.)
posted by Sara C. at 4:40 PM on June 30, 2013 [3 favorites]
Unless maybe the server told you she was loosening the cap, or you ordered to eat in and she had no idea you might try to carry the bottle out with you, or you're a regular and had reason to know that they always loosen the drink caps?
If none of that is true, and you really had no way of knowing that was the case, the restaurant is definitely partially liable for the damages to your equipment.
If I were you, I'd make sure to keep the receipts of replacement items and call the store owner or regional manager or the highest person at the company that you can get in touch with who can handle this for you. Let them know what happened, that $X of equipment was destroyed due to their employee's negligence, and ask them to reimburse you for the damages.
I wouldn't ask for anything if you don't plan to replace the items.
I'm not sure I'd go to court over it for $500, but it's definitely worth asking. And you should absolutely bring it to their attention that this is happening, because UGH why on earth would anyone intentionally loosen the caps on drinks for to-go orders? If that's part of their customer service workflow, the procedure needs to be changed, stat. If it's just a cute innovation on the part of that particular server, he or she needs to be corrected, like, yesterday.
I would absolutely not stop at the manager on duty when this happened. Those people are clueless and mainly just trying not to get in trouble with their boss. Call the boss. (You may also want to mention that you spoke with a manager who was not helpful.)
posted by Sara C. at 4:40 PM on June 30, 2013 [3 favorites]
Response by poster: The electronics have already been returned/replaced, I use them for work and can't be without them for that long, so I had to replace them immediately.
posted by robbie01 at 4:40 PM on June 30, 2013
posted by robbie01 at 4:40 PM on June 30, 2013
Call the boss. Also, are you *sure* that the bottle did not turn upside-down in your bag when you were still in the restaurant and it is just that it didn't leak out of the bag till later?
posted by Chaussette and the Pussy Cats at 4:43 PM on June 30, 2013
posted by Chaussette and the Pussy Cats at 4:43 PM on June 30, 2013
because UGH why on earth would anyone intentionally loosen the caps on drinks for to-go orders?
Because most people get a to go order because they eat it on the go, and most people do not carry bottle-openers with them.
I really have the opposite feeling than Sara C. I don't see the restaurant as being responsible in any way - like, they don't claim to offer a fail-proof sealed soda or anything like that.
posted by Think_Long at 4:45 PM on June 30, 2013 [15 favorites]
Because most people get a to go order because they eat it on the go, and most people do not carry bottle-openers with them.
I really have the opposite feeling than Sara C. I don't see the restaurant as being responsible in any way - like, they don't claim to offer a fail-proof sealed soda or anything like that.
posted by Think_Long at 4:45 PM on June 30, 2013 [15 favorites]
Response by poster: @Sara C:
Correct, the server did NOT tell me he loosened the cap (the crux of the issue), I ordered to-go, and I'm not a regular.
I have definitely kept all of the receipts for the replaced items (which I ran around this weekend to fix), but the items have definitely been replaced and expenses incurred. I've also kept the bottle and indented cap (as "evidence") so when I went in initially yesterday and spoke to a cashier (the manager wasn't back until today), she said it could have been loose from the shipper, but the cap clearly indicates an opener was used.
While the manager was unwilling to help, she of course was "sorry" it happened, but was pretty clear about not bearing any responsibility. And according to her card, she IS the owner, so I don't think there's anyone higher up on the food chain. She did say it has been mentioned to employees, but that's not a help to me unfortunately.
@Chaussette: There's no way the bottle was sealed and miraculously opened during the 5 minute walk home. My bag is pretty full to start, so the soda was placed fairly gingerly at the top (sideways) on top of a cushion of well-padded electronics. It had a pretty comfy ride home.
posted by robbie01 at 4:49 PM on June 30, 2013
Correct, the server did NOT tell me he loosened the cap (the crux of the issue), I ordered to-go, and I'm not a regular.
I have definitely kept all of the receipts for the replaced items (which I ran around this weekend to fix), but the items have definitely been replaced and expenses incurred. I've also kept the bottle and indented cap (as "evidence") so when I went in initially yesterday and spoke to a cashier (the manager wasn't back until today), she said it could have been loose from the shipper, but the cap clearly indicates an opener was used.
While the manager was unwilling to help, she of course was "sorry" it happened, but was pretty clear about not bearing any responsibility. And according to her card, she IS the owner, so I don't think there's anyone higher up on the food chain. She did say it has been mentioned to employees, but that's not a help to me unfortunately.
@Chaussette: There's no way the bottle was sealed and miraculously opened during the 5 minute walk home. My bag is pretty full to start, so the soda was placed fairly gingerly at the top (sideways) on top of a cushion of well-padded electronics. It had a pretty comfy ride home.
posted by robbie01 at 4:49 PM on June 30, 2013
If you definitely spoke to the owner of the company and got the brush off, there's not much you can do, unfortunately, unless you want to go to small claims court. Which might not be worth it, unless you have some damning evidence that PROVES the server opened the bottle without you knowing.
posted by Sara C. at 4:52 PM on June 30, 2013
posted by Sara C. at 4:52 PM on June 30, 2013
You can ask a lawyer to write a letter asking for reimbursement, and then you can consider small claims court of that doesn't work. If the restaurant has good food, asking for 250 worth of food for an office party would be a reasonable compromise.
posted by theora55 at 4:55 PM on June 30, 2013
posted by theora55 at 4:55 PM on June 30, 2013
I have never gotten a to-go order where the cap was loosened without my actually seeing it, nor ever heard of such a practice... of course it could have happened, but I am wondering if the server didn't actually loosen it, but the bottle was already compromised (partially opened by someone who decided they didn't want it, or something.)
I highly doubt that they will reimburse you for any amount on their own steam, and I have some doubts you'd win a small claims case.
posted by sm1tten at 5:03 PM on June 30, 2013 [3 favorites]
I highly doubt that they will reimburse you for any amount on their own steam, and I have some doubts you'd win a small claims case.
posted by sm1tten at 5:03 PM on June 30, 2013 [3 favorites]
Do a sting. Have friends go in, wearing hidden cameras, and order to go the same thing, same soda. Outside the store, on camera take out the soda and show that it's been opened.
Maybe do this twice (different friend) just to establish it's policy and not a fluke.
With the evidence in hand, present her with a choice of small claims court, where she may be liable for legal fees, or a discounted settlement if paid within 2 weeks. Being able to cite similar cases would also strengthen your position.
posted by Sophont at 5:04 PM on June 30, 2013
Maybe do this twice (different friend) just to establish it's policy and not a fluke.
With the evidence in hand, present her with a choice of small claims court, where she may be liable for legal fees, or a discounted settlement if paid within 2 weeks. Being able to cite similar cases would also strengthen your position.
posted by Sophont at 5:04 PM on June 30, 2013
Is it possible that something bumped against the cap while it was in your bag, denting and loosening the cap?
posted by kmennie at 5:27 PM on June 30, 2013
posted by kmennie at 5:27 PM on June 30, 2013
You put it in your bag sideways? Your chosen method of carrying the bottle wasn't foolproof. But it's not your fault and it's not the restaurant's fault either. These things happen. Move on and expend your energy elsewhere.
posted by nkknkk at 5:36 PM on June 30, 2013 [29 favorites]
posted by nkknkk at 5:36 PM on June 30, 2013 [29 favorites]
If the restaurant is liable, and I'm not really sure if I think they are or not, but let's say they are, they should only be on the hook for the value of your used items, not the cost you incurred to replace them with new items.
posted by kitty teeth at 5:42 PM on June 30, 2013 [2 favorites]
posted by kitty teeth at 5:42 PM on June 30, 2013 [2 favorites]
You don't say how much later you dropped by the restaurant, but it sounds like at least a couple of days. So basically you show up with a pile of receipts for new electronics, a dented bottle cap and a story. Yes, I believe it happened, but I can also see why the owner might have been skeptical. Maybe -- a big maybe -- if you had gone back to the restaurant immediately and showed them the soaked bag and empty bottle with the cap still on it, everybody might have agreed on what happened. But as it stands, it sounds like you bought an expensive learning experience.
posted by Longtime Listener at 5:47 PM on June 30, 2013 [13 favorites]
posted by Longtime Listener at 5:47 PM on June 30, 2013 [13 favorites]
No, this isn't normal for them to loosen it like that. I've seen it happen maybe once without them just totally removing the cap and trashing it, and rarely(like only once or twice) without them asking.
Whether or not you can do anything about it or not is another thing, but that is weird behavior. And if they saw you putting it in your bag and said nothing that's also weird.
Most people who get takeout to go take it back to their work nearby or something. You are not acting weird here.
I do think you have a tough row to hoe here if you're trying to get money out of them though. Even if the server spilled it right in your laptop it would likely be a tough fight. Expect them to try and force the individual server to pay too(as someone whose worked in shitty cheap food service...) which might be really unfair since loosening the caps like this is probably something they were trained to do every time and do without thinking.
So to recap, is it abnormal and weird? Kinda to completely, yea. Will it be like getting blood from a stone? Probably.
posted by emptythought at 6:03 PM on June 30, 2013
Whether or not you can do anything about it or not is another thing, but that is weird behavior. And if they saw you putting it in your bag and said nothing that's also weird.
Most people who get takeout to go take it back to their work nearby or something. You are not acting weird here.
I do think you have a tough row to hoe here if you're trying to get money out of them though. Even if the server spilled it right in your laptop it would likely be a tough fight. Expect them to try and force the individual server to pay too(as someone whose worked in shitty cheap food service...) which might be really unfair since loosening the caps like this is probably something they were trained to do every time and do without thinking.
So to recap, is it abnormal and weird? Kinda to completely, yea. Will it be like getting blood from a stone? Probably.
posted by emptythought at 6:03 PM on June 30, 2013
I believe you that this happened, and I even believe the restaurant is partially responsible because you don't give someone a partially opened bottle of soda for a to go order without a) them asking you to do that or b) informing the customer. However, if this case was in civil court and I was a judge hearing the case or on the jury, I would find you to be more responsible than the restaurant. You don't put any bottle of liquid, even a sealed one, in a bag with expensive electronics. That's just asking for trouble. Bottles leak or open for a number of reasons (pressure, temperature, etc.) and any one of those could have happened on your way home. I'm not saying they did in this case, the bottle probably was partially opened, but my point is that putting a bottle of liquid in a bag with a bunch of electronics means you were taking a risk of a bad outcome anyways, one that the restaurant couldn't possibly anticipate.
Small claims court seems like a bad risk here. It would likely cost you more than $250 to bring the claim, and there's no guarantee that you would be awarded that amount or anything at all.
posted by katyggls at 6:09 PM on June 30, 2013 [4 favorites]
Small claims court seems like a bad risk here. It would likely cost you more than $250 to bring the claim, and there's no guarantee that you would be awarded that amount or anything at all.
posted by katyggls at 6:09 PM on June 30, 2013 [4 favorites]
OP stated clearly that s/he isn't looking for people to tell him/her how dumb putting the bottle in the bag was, so, may we let that go already?
I find it really weird that they loosened the bottlecap, period, without checking with you. How could they possibly know when you planned to drink the soda?
Given the manager's unwillingness to cough up any money, I suppose I *might* be inclined to push one more time, letting it be known that I would be posting a truthful comment on Yelp re: the experience. Normally, I think threatening a Yelp-rant is kinda lame, but in this case, I think other consumers are owed the warning.
The soda could just as easily have tipped all over an expensive work outfit, or the interior of a car, or your office desk; so the fact you put it in a bag of electronics is only part of the story.
You could also ask for x-amount of free food, over time, to win back your business, but frankly, I'd be a bit soured on the place and not inclined to go back.
posted by nacho fries at 7:19 PM on June 30, 2013 [3 favorites]
I find it really weird that they loosened the bottlecap, period, without checking with you. How could they possibly know when you planned to drink the soda?
Given the manager's unwillingness to cough up any money, I suppose I *might* be inclined to push one more time, letting it be known that I would be posting a truthful comment on Yelp re: the experience. Normally, I think threatening a Yelp-rant is kinda lame, but in this case, I think other consumers are owed the warning.
The soda could just as easily have tipped all over an expensive work outfit, or the interior of a car, or your office desk; so the fact you put it in a bag of electronics is only part of the story.
You could also ask for x-amount of free food, over time, to win back your business, but frankly, I'd be a bit soured on the place and not inclined to go back.
posted by nacho fries at 7:19 PM on June 30, 2013 [3 favorites]
what a bummer, but it doesn't sound like you can prove that they left the cap off the soda. they can easily say you did that on your own at home or on the way home, stuck it in your bag and it spilled. i believe you, but i don't think you can prove anything so probably won't get money out of them. a rather expensive lesson.
posted by wildflower at 7:24 PM on June 30, 2013
posted by wildflower at 7:24 PM on June 30, 2013
Mod note: Please answer the question and maybe skip the weird skepticism/haranguing? Thanks
posted by restless_nomad (staff) at 7:57 PM on June 30, 2013
posted by restless_nomad (staff) at 7:57 PM on June 30, 2013
IANAL, but your legal claim here would be negligence, right? So if you were to go to small claims court, the question would be whether a "reasonable" server at a takeout place would loosen the bottle cap for a takeout order without telling the customer. And then, looking at contributory negligence, whether it was negligent of you to put the bottle in your bag -- that is, whether a reasonable customer at a takeout place would put a Jarritos bottle in her bag along with computer stuff. I have no idea what the answers to those questions are, but it sounds like you might have a shot. If you have time to do small claims court, maybe try it. At best, the owner might settle with you or you might be awarded some money by the judge. At worst, you're out the filing fee and the time you put into it; meanwhile, you might have an interesting experience of the legal system.
posted by unreadyhero at 8:07 PM on June 30, 2013
posted by unreadyhero at 8:07 PM on June 30, 2013
FYI, I don't know how seriously you were considering this "sting" idea, but I would consult your local privacy/wiretap laws before doing that.
posted by 0x006DB0 at 8:10 PM on June 30, 2013 [1 favorite]
posted by 0x006DB0 at 8:10 PM on June 30, 2013 [1 favorite]
I work for a major food manufacturer, and my job is sort of peripheral to the department that handles consumer complaints. I don't want to come down on one side or the other of this issue, but a couple things jump out at me about this narrative...
A. Jarritos are glass bottles. Putting a glass bottle with a crimped metal cap in a bag with a laptop and iPad is reckless on its face, if I'm thinking about it from a small claims court perspective. Obviously, IANAL.
B. A bottled/capped soda is going to go through QA tests for "leakers", which ultimately comes down to acceptable percentages. Having 100% perfect seals isn't going to happen, although the company dealing with failures in good faith is certainly good policy. Company policy isn't necessarily going to correspond to law.
C. If you put a capped soda in a jostled bag with hard things, stuff like "a cap that clearly showed a bottle opener indentation, so she's wrong on that" can really happen with a different narrative than you're presenting.
I'm not trying to contradict your narrative, just trying to suggest it might not be as certain as you're presenting. There's no reason not to try to get some reimbursement from the restaurant, but just know that you're going to be much more reliant on persuasion/incentive than any sort of compulsory legal maneuvering.
posted by a box and a stick and a string and a bear at 8:12 PM on June 30, 2013 [3 favorites]
A. Jarritos are glass bottles. Putting a glass bottle with a crimped metal cap in a bag with a laptop and iPad is reckless on its face, if I'm thinking about it from a small claims court perspective. Obviously, IANAL.
B. A bottled/capped soda is going to go through QA tests for "leakers", which ultimately comes down to acceptable percentages. Having 100% perfect seals isn't going to happen, although the company dealing with failures in good faith is certainly good policy. Company policy isn't necessarily going to correspond to law.
C. If you put a capped soda in a jostled bag with hard things, stuff like "a cap that clearly showed a bottle opener indentation, so she's wrong on that" can really happen with a different narrative than you're presenting.
I'm not trying to contradict your narrative, just trying to suggest it might not be as certain as you're presenting. There's no reason not to try to get some reimbursement from the restaurant, but just know that you're going to be much more reliant on persuasion/incentive than any sort of compulsory legal maneuvering.
posted by a box and a stick and a string and a bear at 8:12 PM on June 30, 2013 [3 favorites]
0x006DB0> FYI, I don't know how seriously you were considering this "sting" idea, but I would consult your local privacy/wiretap laws before doing that.
Not to mention that whether or not the server partially opened the bottle or not, it is extremely unlikely that he'll do it in the future, now that you've made a point of talking to the manager at length about your experience.
posted by UrineSoakedRube at 9:13 PM on June 30, 2013
Not to mention that whether or not the server partially opened the bottle or not, it is extremely unlikely that he'll do it in the future, now that you've made a point of talking to the manager at length about your experience.
posted by UrineSoakedRube at 9:13 PM on June 30, 2013
I'm sorry to say this, but I wouldn't even consider putting a bottle of any liquid, let alone soda, in the same backpack with my electronics - that's just too risky for someone like me, who would find a way to break the bottle all over the electronics without even trying - guaranteed.
I think it was an important lesson for you - and a costly one. Sorry.
posted by aryma at 11:15 PM on June 30, 2013
I think it was an important lesson for you - and a costly one. Sorry.
posted by aryma at 11:15 PM on June 30, 2013
She said if the accident had occurred *inside* the restaurant (like a waiter had knocked a drink onto my laptop) then the story would be different from an insurance perspective, but because I placed the soda in my bag and left the restaurant, she absolves herself of responsibility.
Allow me to repeat myself, but with boldface and edits: Also, are you *sure* that the bottle did not turn upside-down in your bag when you were still in the restaurant, spilling all over your computer things, and it is just that it stayed inside the bag, so you didn't notice, and so it didn't leak out of the bag till later? I am unsure if that is possible, but I did have the question.
posted by Chaussette and the Pussy Cats at 11:45 PM on June 30, 2013 [1 favorite]
Allow me to repeat myself, but with boldface and edits: Also, are you *sure* that the bottle did not turn upside-down in your bag when you were still in the restaurant, spilling all over your computer things, and it is just that it stayed inside the bag, so you didn't notice, and so it didn't leak out of the bag till later? I am unsure if that is possible, but I did have the question.
posted by Chaussette and the Pussy Cats at 11:45 PM on June 30, 2013 [1 favorite]
Trying to game the situation by suddenly "remembering" that the bottle had upended while still in the restaurant is unethical. And there's no way the manager is going to be any more receptive to your claim if you go back in there and try to push that lie upon her, nor will it play well in small claims, should she show up to tell her side of the case.
Integrity is worth more than a few hundred bones.
posted by nacho fries at 7:52 AM on July 1, 2013 [1 favorite]
Integrity is worth more than a few hundred bones.
posted by nacho fries at 7:52 AM on July 1, 2013 [1 favorite]
because UGH why on earth would anyone intentionally loosen the caps on drinks for to-go orders?
FWIW, unless something has changed in the past month since I last purchased my favorite tamarind soda, Jarritos in glass bottles do not have twist off tops—my local taqueria also does the pre-loosen thing.
Almost every glass-bottled Mexican soda available in America--Jarritos, (Mexican) Coke and Pepsi, Fanta, Sidral Mundet, Topo Chico, Sangria Señorial, etc.--lacks a twist-off cap, and my experience is that removing or loosening the cap at the point of sale is pretty much ubiquitous, and is considered good customer service. Every time I buy a bottle of soda at the local grocery store, the cashier tries to open it for me with a bottle opener which is kept at the register solely for that purpose. Since, like you, I usually want to drink it at home, there's always an uncomfortable exchange where the cashier (in broken English) tries to explain that the bottle isn't a twist-off, and I try to explain (in broken Spanish) that I know and this thing on my keyring is actually a bottle opener.
posted by pullayup at 8:18 AM on July 1, 2013 [2 favorites]
FWIW, unless something has changed in the past month since I last purchased my favorite tamarind soda, Jarritos in glass bottles do not have twist off tops—my local taqueria also does the pre-loosen thing.
Almost every glass-bottled Mexican soda available in America--Jarritos, (Mexican) Coke and Pepsi, Fanta, Sidral Mundet, Topo Chico, Sangria Señorial, etc.--lacks a twist-off cap, and my experience is that removing or loosening the cap at the point of sale is pretty much ubiquitous, and is considered good customer service. Every time I buy a bottle of soda at the local grocery store, the cashier tries to open it for me with a bottle opener which is kept at the register solely for that purpose. Since, like you, I usually want to drink it at home, there's always an uncomfortable exchange where the cashier (in broken English) tries to explain that the bottle isn't a twist-off, and I try to explain (in broken Spanish) that I know and this thing on my keyring is actually a bottle opener.
posted by pullayup at 8:18 AM on July 1, 2013 [2 favorites]
IANYL, but if you do decide that you'd like to give a negligence claim a go, I'd first ask a lawyer friend or otherwise poke around and figure out whether your jurisdiction is a contributory negligence, pure comparative fault, or modified comparative fault jurisdiction. It seems pretty apparent from your description that you were partially at fault for the incident (even if you were less at fault than the restaurant, which IMHO is unclear), and depending upon what type of jurisdiction you are in, partial fault could make it impossible for you to recover anything, even if you are only 5% at fault and the restaurant is 95% at fault.
The best scenario for you would be that you live in a pure comparative fault jurisdiction, where your recovery would merely be reduced by your percentage of fault rather than acting as a total bar to recovery under all or some circumstances. However, ask yourself: if you did the small claims thing, and fault was assigned 50-50 - would you be happy with a $250 recovery? Would it be worth the hassle?
But: I have to disagree with pullayup about the ubiquity of bottle-opening. I love Jarritos and buy it frequently, and I've never had a cashier loosen the cap without specifically asking me whether I wanted it to be loosened. And I'd say I am given that option 20% of the time.
Moreover, I also disagree that it is common/best practice for restaurant cashiers/take-out-order assembly persons to loosen a cap like that on a to-go order. You may be ordering to go, but that generally means you're taking the food to a different, fixed location and eating it there, not that you're eating the food on the subway or while walking. In fact, I'd say it would be both uncommon and a bad idea for caps to be loosened in that fashion, and I think that most restaurant managers would agree with me.
posted by sevensnowflakes at 10:35 AM on July 1, 2013
The best scenario for you would be that you live in a pure comparative fault jurisdiction, where your recovery would merely be reduced by your percentage of fault rather than acting as a total bar to recovery under all or some circumstances. However, ask yourself: if you did the small claims thing, and fault was assigned 50-50 - would you be happy with a $250 recovery? Would it be worth the hassle?
But: I have to disagree with pullayup about the ubiquity of bottle-opening. I love Jarritos and buy it frequently, and I've never had a cashier loosen the cap without specifically asking me whether I wanted it to be loosened. And I'd say I am given that option 20% of the time.
Moreover, I also disagree that it is common/best practice for restaurant cashiers/take-out-order assembly persons to loosen a cap like that on a to-go order. You may be ordering to go, but that generally means you're taking the food to a different, fixed location and eating it there, not that you're eating the food on the subway or while walking. In fact, I'd say it would be both uncommon and a bad idea for caps to be loosened in that fashion, and I think that most restaurant managers would agree with me.
posted by sevensnowflakes at 10:35 AM on July 1, 2013
Just to clarify, I was not suggesting the OP lie. I think the OP and the restaurant should consider that the event may have indeed happened at the restaurant.
posted by Chaussette and the Pussy Cats at 3:16 PM on July 15, 2013
posted by Chaussette and the Pussy Cats at 3:16 PM on July 15, 2013
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(the rice thing worked on an mp3 player that had been through the heavy duty cycle of my washing machine. But only after 7 days in rice.)
posted by notsnot at 4:36 PM on June 30, 2013