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Report: #1157732

Complaint Review: Olive Garden - Nampa Idaho

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  • Reported By: Paul — Greenleaf Idaho
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  • Olive Garden 16401 North Marketplace Blvd Nampa, Idaho USA

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A friend of mine and I went to eat at Olive Garden.  When she was eating she noticed hair in the food.  Immediately she started feeling sick.  We stopped eaating and told the waitress, she immeidately took the food away.  She saw me taking  a picture of it with my cell phone.  A few minutes passed and the manager approached us and vigoriously apologized.  We got the bill and htey did deduct two items from the receipt.  My friend during all of this was vomiting in the restroom.  We left and she got worse.  I immediately brought her to the clinic.  Idaho has not strict liability laws.  This type of tort is established through existing case law.  Is there any attorney out there that would like to take this case?  If so contact me.

This report was posted on Ripoff Report on 06/26/2014 12:55 PM and is a permanent record located here: https://www.ripoffreport.com/reports/olive-garden/nampa-idaho-83687/olive-garden-strict-liability-hair-in-food-nampa-idaho-1157732. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
5Author
7Consumer
0Employee/Owner

#12 Author of original report

TO MATT34NJ

AUTHOR: Paul - ()

POSTED: Sunday, July 13, 2014

Want to touch upon the numerous bulls* comments and assertions you make.  Many of which are not worth discussing, because it really shows how childish you are.  First of all, if you really want to meet tell me where and I'll will certainly try and make.  Considering all factors I may or may not be able to accomodate you.  If not believe this it is not because I am worried or scared of the outcome, it would be other factors that prevent our get together.

Next, just because your married to a Brazlian girl, does not mean your not racist.  From the sound of it you are, because you jump to conclusion that others are minorities despite the fact you have absolutely no eveidence to support you f* up asserts.  Based on the comments made by you you assume I am Mexican. Well I am here to tell you I am not Mexican.  You elaberate your married to a Brazlian woman who by the way comes from an area south of the border.  So racist comments like that are and what make you a racist.  I am an American male born ard raised here in the America.  I spent 25 years in the Armed Services defending f* like you, which I truely regrate.

As far as your langauge abilities and traveling experience they mean absolutely nothing.  I speak Chienese Mandarin and Cantonese, Spanish, Laotian and Cambodian.  I sppent 25 years traveling tthroughout the worlkd and continue to do so.  Oh by the way I read and write all languages fluently. So piss off.  I also hold 2 Bachelors Degree and numerous associate degrees.  I am working on a Master and after I complete that I will seek a JD just to piss you off.

Then you argue "Who are you to debate me?"  Well a*hole that is one of the great benefites of this country "Freedom of Speach," or did you forget that in your grade school teachings.  I think it is called the 1st Amendment of the US Constitution.  Debate is also included in that forum because without debate you don't have or it would substantially eliminate the 1st Amendment right.  So I will debate you and every other a*hole like you out there.  If you don't like it shut your deformed mouth.

Profanity does not both me.  In fact, I use it.  So if you desire let it rip.  I can take it and I can certainly dish it out.

Then you speak of the revolution.  I beleive one is coming and I hope it does, because f**kers like will certainly die.  It is stupid simple minded trash like you that are destroying this country becasue you think you know everything, when in fact, you might be good at one thing, but that it.

I don't just run one business, I run and own several.  So think of that a*hole when your on you lofty porch fingering yourself.  It sound like your a christian or maybe even a Mormon!  There the only people I know of that reads the bible like it the only thing to read.

I could keep going on and on, but the rest of your comments are nothing more than bulls* coming from a simple single mind twit - inbread - f* like you.  So again tell me where you are and I will make every effort to see you or maybe you the chicken s*.

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#11 Author of original report

to Giselle

AUTHOR: Paul - ()

POSTED: Sunday, July 13, 2014

You are one stupid a*hole.  DNA test is relevant and can prove it belonged to a staff member. So before you run you mouth think of the wonderful testing that can be done it prove something.  That is why each state and thier suborganiozations are trying like hell to DNA test every American so that when someone leaves trace evidence behind it can be identified at the flick of a computer terminal.  So f* you and your comments and by the way the rest of your comments are not worth the time to respond to.

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#10 Consumer Comment

Immigrant Scumag Paul

AUTHOR: matt34nj - ()

POSTED: Friday, July 11, 2014

Immigrant Paul:

I must have overlloked the part where you define in legal terms how the restaurant is strictly liable?  I also missed the case law ciations.  I also missed the name of your lawyer and the redacted copy of your filed complaint.

Thought so.  Now go slither back across the border to the 3rd world pice of s#$t country that you came from.  Stupid f******* immigrant.  You cannot even insult someone properly.  You and your frivolous lawsuit are not wanted here in this (used to be a) wonderful country...  

Paul, you and your lazy unethical brood are not wanted here.  Having babies you cannot afford and expecting my government to pay for it all.  Go F*** yourself if you don't have anything meaningful to say.  You are a lazy scumbag.  We have enough of those here already (unfortunately) without having to import them from backwards 3rd world countries.  

Check this out Paul-It's Friday night. After another hard week of work, I just slipped out of my Hermes tie and my Donna Karan Couture suit, and  pushed my CLK to the bank, where I deposited about 5K in checks, the fruits of this weeks labor. Life is good when you stay in school and follow the rules, HAHA.

You wish I was a paralegal you scumbag pice of immigrant s%^t.  And before you call me a racist. please know my wife is a beautiful Brasilian woman and I am a cultured (albeit vulgar) world traveler who speaks 3 languages.  I just don't have any love for low class 3rd world immigrant trash like you, because you bring this great country down.  Who are you to debate me?  

And yes, as a proud AMERICAN I do look down upon you from my lofty perch, with a wry smile on my face, laughing the entire time.  Do you have the balls to come knock the smile off my face Paul?  You lazy immigrant scumbag.  Go get a (legitimate) job and pay your taxes! 

When the revoution comes (very soon at this rate) me and my Ruger Mini-14 will be waiting for you.  When EBT is cut off and you cant leach or mooch another cent. you scumbags will not be capable of feeding yourselves or your multiple, borne-out-of-wedlock children. Then, you will undoubtedly be coming to steal what is not yours, as that is all that you know how to do.  I will then do my patriotic duty by ridding God's green earth of my daily share, come home and eat my dinner, read the bible for a bit, and not lose any sleep over eliminating scum like you.

AN AMERICAN RECIPE FOR SUCCESS:

(It's really very easy Paul...)

GET A LEGITIMATE JOB

ASSIMILATE, AND RESPECT OUR LANGUAGE AND CULTURE

DONT MAKE BABIES YOU CANNOT AFFORD TO FEED, CLOTHE, AND RAISE

PAY YOUR F****** TAXES

Is it really that hard to understand Paul? You unwanted immigrant scumbag...

When the revolution comes you will have a target on your back and people like me will gladly do the duty...

Dont like it? Go home, your were never asked or authorized to come here anyway.  F*** You, you illegal immigrant!

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#9 Consumer Comment

Lol!

AUTHOR: Scubasteve - ()

POSTED: Sunday, July 06, 2014

Well Matt looks like you were right ..all Paul did was swear and tell people off but never showed proof that he hired a lawyer ..lol ...tell you what if we can sue every restaurant over a hair or a piece of lint in food then I'll become a laywer and get rich!

..but we know that will never happen bc normal sane ppl don't sue over stupid retarded things like hair..grow up and earn a living Paul like the rest of the world

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#8 Author of original report

Rebuttal

AUTHOR: Paul - ()

POSTED: Sunday, July 06, 2014

Strict Liability is defined as, "liability imposed without regard to fault," which means that all you need to do is do something wrong and your liable. Like objects in food.  You try sounding like a lawyer, and likewise you try usng legal terminology but fail to use it appropriately.  If I am a foreign it would not be appropriate for me to leave. As you a*****e Americans like to think your superior when your not.  The only Americans true Americans are the native Indians, and I know your not one of those.  So as you suggested you can also leave because your not an American either.  At best your a Heinz 57, mix breed.  Just like your American president.   After all this country was founded by immigrant who committed genocide upon the native Indians.   Not to mention the firstand only country to use the A bomb.  America is a great place, but the people running it are a whole different story.

So before you lecture soemone else about Americanism, you better get yoru facts striaght.  I think you a moron and high exentrict person from what I have read thus far.  Your probably just a stupid aparalegal thinking you know something. 

So A-holes like you are not worth the time or trouble.  I hope I do make you mad as h***.  I enjoy pissing s*** you off.

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#7 Consumer Comment

Laughable Idiot Paul

AUTHOR: matt34nj - ()

POSTED: Saturday, July 05, 2014

Several comments on your nonsensical report and rebuttals.  First, you posted the original report seeking an attorney. Then later you write the the purpose of the report was to "see what type of people are out there and what they say".  Which is it moron?

You then later commence to bash America, American people, and American law and jurisprudence (which you know ABSOLUETLY nothing about, see below...), which (along with your multiple misspellings and basic grammatical errors...) leads me to conclude that you are possibly an immigrant.  If you are, and you don't like it here, go home.  It's that simple.  Don't call out an entire country because no one believes your laughable BS story.

As for the story itself, others have already said all there is to say.  Your idiot friend didn't get sick from the hair, you scumbag.  You don't have an actionable lawsuit over a hair in your food.  Get a job and work for a living.    

And finally, (take this from a lawyer like me, I just had to set the record straight...) Strict liability means essentially the concept of "automatic liability", due to certain activities or conduct by a Defendant. Under such circumstances, a Plaintiff does not have to prove causation.  Things like uisng dynamite improperly, harboring a wild animal that gets loose, etc.  These are the examples they taught us in law school.  Sop trying to talk like a lawyer and throwing around terms improperly.  Where is your case law?  Do you have a citation?

A hair in your food is not actionable as a case under a theory of strict liability.  Its also not actionalbe under any other type of legal theory, for that matter.  If it was, we would no longer have restaurants because of losers like you.  And I guarantee you that no lawyer would ever take such a case.  

Therefore, I propose that you are ABSOLUTELY LYING when you say you have a lawyer retained.  If you do, I ask you to post a redacted copy of the complaint that was filed on your behalf, including the docket numer.  Post a cite to your SL case law too.  Go ahead, prove me wrong Paul.  

This is how I KNOW you are lying: In my state, as well as most others, a party bringing a frivolous action has to pay their opponents attorney fees when they LOSE.  And the lawyer gets sanctioned by the court.  Nice try though, you moron.    

I have an idea Paul-Why not represent yourself if you are such an expert on strict liability and American jurisprudence?  Now that would be funny.

Sorry but I had to post this rant.  Losers like you really piss me off.  Get a job and work for a living, you scumbag.        

 

 

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#6 Author of original report

BFD

AUTHOR: Paul - ()

POSTED: Thursday, July 03, 2014

It really amazes me how stupid you people really are.  I hope one day you eat something and catch some sort of real nasty disease.  The purpose of strict liability law is to prevent this type of thing.  I hate to bust your bubble omg but I have already obtained an attorney, so your dieased thought of no attorney wasting their time is wrong.

Bottom line the reas0on why laws like this are in effect is to protect the public, and yes that even includes you you stupid a*s.  If you choice not to exercise your rights thats your business.  

The main purpose of this article is to see what type of uneducated and ignorant people are out there and to see what they say.  It is people like you that are screwing up this country and when we have no rights and it become doggy dog, you will undoubtedly be the type of person that will end up in real danger or dead.

This has been a real eye opener for me because I thought people in the US understood their rights, boy was I wrong.  People in third world countries understand our rights better than people like you.  I spent thirty year defending this country and if I would have known the majority are s**t heads like you I wouldn't have.  

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#5 Consumer Comment

Omg

AUTHOR: Scubasteve - ()

POSTED: Wednesday, July 02, 2014

Wow this is the funniest thing I have read in a long time..so you are saying your moron friend started throwing up over a hair? LOL!!!! Bull crap!  Just tell what you really wanted you money grubbers ..you want money the dishonest way..im sure you have ate plenty of bug arms or legs and yes even hairs without even knowing it ..you just happen to see this one and you saw dollar signs..but thank god no lawyer is going to be stupid enough to waste their time on trash like you!

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#4 Consumer Comment

What the...???

AUTHOR: Giselle - ()

POSTED: Wednesday, July 02, 2014

I have heard of crazy lawsuits but something like someone wanting to sue over a hair in their  food is a new low. I think most people can say they have experienced a hair in their food, whether they were at a restaurant, eating takeout or eating food prepared in their own home or a friend's home. It's just a yucky fact of life that will NOT equate in a payday for you or anyone else.  You can't even prove the hair was from staff, it could have been from your friend! And the reason you are soliciting for an attorney on this website is because I bet you have called every attorney around you and no one will talk to you.

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#3 Consumer Comment

Over acheiver

AUTHOR: REALLY? - ()

POSTED: Saturday, June 28, 2014

You got tobe kidding. Vomiting and going to the hospital. Drama. Over a hair in the food. There is more to life than over reacting like a bancshee. And looking for a lawyer? Get over yourself and your drama friend. How about getting an acting job. They comped the food and appoligized. It wasn't done on purpose. Losers

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#2 Author of original report

Rebutal

AUTHOR: Paul - ()

POSTED: Thursday, June 26, 2014

After reading your reply I can thoroughly understand why corproate america is the way they are.  No accountability.  Assholes like you think everyone should just turn the other way.  You made some pretty forward allegations, which are unfounded.  You seem to be a uneducated and rather stupid person.  I wish you were here in front of me and I could exercise my constitutional right to have a full blown debate regarding this matter.  If you have nothing to assist with holding someone accountable then keep your f____ mouth shout.  If you knew anything about the law of strict liability you probably wouldn't have such a stupid and unfounded position.  "Accountbaility" does not always mean money damages, it can include almost anything of which you obviously know nothing about.  So piss off!!!!!!!

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#1 General Comment

Funny...

AUTHOR: Tyg - ()

POSTED: Thursday, June 26, 2014

 Whats funny about this is that your friend throwing up WAS NOT directly due to a hair in the food. No that was her freaking out over the hair in her food. All Im seeing out of YOU is someone looking for a fast payday and is looking at Olive Garden. The manager came out and apologized, and took items off of your receipt. Your kinda lucky, the manager COULD have fought you on this. ALL food prep is done with FULL protection. Which means odds are that YOU or your friend could have put that hair in the food to get out of paying for it. Stop looking for quick money over a simple mistake. Dipwads like YOU are one of the MANY reasons that America suffers so much. Its not like they shoved a hand full of hair down you or your friends throat, then beat you and toss you on the sidewalk while charging your card 50X the amount of the meal. YOU and your friend have already been given all you will receive. And lets be honest here, its JUST A HAIR!!!! Its not life threatening. Your friend freaked out over the hair and ended up making herself sick. YOU sit there and attempt to get someone to take up your case, but how desperate would a lawyer have to be to take your case?? Pretty desperate. Get over it and move on. I mean REALLY!!!!! How petty and slow are you?? One has to wonder how people like you continue to exist?? Have YOU NEVER MADE AN UNINTENTIONAL MISTAKE?? No people like YOU tend to think youre perfect and even when you DO make a mistake, its a perfect mistake. Grow up and move on. Youre not going to get the payday you are seeking. The lawyer would take it all if alawyer was dumb enough to take it. People like YOU tend to think that ANY case is open and close. But im betting you didn't even do the SMART thing and hit a hospital so your friends "sickness" could be documented?? So if you did get a lawyer, you would probably lose and have to pay the court costs AND attorney fees.

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