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Kaido

Kaido

Elite Member & Kitchen Overlord
www.myrecipes.com

An Ohio McDonald's Employee Allegedly Threw a Blender at a Customer

Here’s how a wrong order turned into a full-blown food fight.
www.myrecipes.com www.myrecipes.com

Step 1: Throw things at McDonalds employees
Step 2: ?
Step 3: Profit!

TL;DR:

1. Customer orders food at McDonalds, gets the wrong food, waits a long time to get it fixed, and feels ignored
2. Customer decides to throw food at employee
3. Employee retaliates by chucking a blender at the customer
4. Customer is now suing McDonalds

Video:

www.wlwt.com

Video: Wrong order leads to customer-manager food fight at McDonald's

No charges were filed in the case.
www.wlwt.com www.wlwt.com

Some choice quotes from the customer:

A frustrated Price eventually started throwing the Happy Meals at an employee behind the counter. "It's like, you're directly ignoring me, so what choice do I have? I don't have to put up with this. So, I went and got the food, I want my money back and that's kind of where it all goes from there," Price said.
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We asked Price if, in hindsight, she regretted throwing the food. "I mean, I definitely don't feel like there would have been a different result. I feel like even if we would have just went verbal back and forth that it still would've escalated to something else," she said.
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Indeed, what other choice was there?
 
Yay for lawsuit happy country!

I don't know if throwing food at an employee entitles them to retaliate with a blender, but the simple point of the customer starting shit like this over food should be enough to throw it out of court instantly... But....alas... that is not the country we live in.
 
why is Price not in jail for the assault on the employee? Seriously, when something like that happens here, the police arrest one or both.
 
s0me0nesmind1 said:
Yay for lawsuit happy country!

I don't know if throwing food at an employee entitles them to retaliate with a blender, but the simple point of the customer starting shit like this over food should be enough to throw it out of court instantly... But....alas... that is not the country we live in.
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I mean the customer got a broken cheekbone and nose, I cant imagine that that wouldn't end up in court in most countries.
Breaking someones face is not the appropriate response to having a burger tossed at you.
 
It used to be, when playgrounds were not as strictly supervised, if you took a swing at someone, you pretty well expected to get one in return, and no guarantees it would be proportional.

People feel so righteous these days that they are entitled to do or say anything, including violence. Not a good trend.
 
WelshBloke said:
I mean the customer got a broken cheekbone and nose, I cant imagine that that wouldn't end up in court in most countries.
Breaking someones face is not the appropriate response to having a burger tossed at you.
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Breaking someones face is incidental. Customer started the shit by throwing food, manager retaliated by throwing something back. The legal principle that *SHOULD* cover the situation is "don't start none won't be none". Customer got what's coming to her.
 
OccamsToothbrush said:
Breaking someones face is incidental. Customer started the shit by throwing food, manager retaliated by throwing something back. The legal principle that *SHOULD* cover the situation is "don't start none won't be none". Customer got what's coming to her.
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That absolutely shouldn't be the legal principle and, thankfully, isn't.
Having a wrapped burger thrown at you, while rude, is not going to cause physical harm. Throwing a blender quite obviously does.
 
WelshBloke said:
That absolutely shouldn't be the legal principle and, thankfully, isn't.
Having a wrapped burger thrown at you, while rude, is not going to cause physical harm. Throwing a blender quite obviously does.
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Where I live, assaulting a food service employee, no matter how it's done, can't shield you from retaliation. The employee has the right to self-defence and to remove that person physically from the store.

I know this from personal experience. Police allow a certain leeway for this. The customer could try a civil suit but will get no sympathy from anyone.
 
Iron Woode said:
Where I live, assaulting a food service employee, no matter how it's done, can't shield you from retaliation. The employee has the right to self-defence and to remove that person physically from the store.

I know this from personal experience. Police allow a certain leeway for this. The customer could try a civil suit but will get no sympathy from anyone.
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Good luck with that. The customer doesn't advance on the server, doesn't try to get over the counter, pretty much just sweeps the food from the counter. There isn't any self defense involved.
The server breaks the customers cheekbone and nose by throwing a heavy piece of kitchen apparatus at them.
 
WelshBloke said:
Good luck with that. The customer doesn't advance on the server, doesn't try to get over the counter, pretty much just sweeps the food from the counter. There isn't any self defense involved.
The server breaks the customers cheekbone and nose by throwing a heavy piece of kitchen apparatus at them.
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It's not luck. Here in the real world people can protect themselves and while "don't start none, won't be none" isn't an official legal principle it most certainly is applied as a common sense measure. Where's the line drawn? Throw a burger and the victim can only throw back a burger or chicken sandwich, but not fries as the salt can cause eye injury? Whack somebody in the head with a tennis racket and they can't protect themselves with a baseball bat because that's escalation? Proportional response is bullshit. When an out of control psycho is attacking you like that you don't have the time to stop and consider the proper level of response. "Gee, that was a normal sized burger, if I throw back a quarter pounder will I be arrested for using heavier weaponry?" You stop the threat, period. Violent psycho-bitch got taken down before she could hurt anyone. Good!
 
OccamsToothbrush said:
It's not luck. Here in the real world people can protect themselves and while "don't start none, won't be none" isn't an official legal principle it most certainly is applied as a common sense measure. Where's the line drawn? Throw a burger and the victim can only throw back a burger or chicken sandwich, but not fries as the salt can cause eye injury? Whack somebody in the head with a tennis racket and they can't protect themselves with a baseball bat because that's escalation? Proportional response is bullshit. When an out of control psycho is attacking you like that you don't have the time to stop and consider the proper level of response. "Gee, that was a normal sized burger, if I throw back a quarter pounder will I be arrested for using heavier weaponry?" You stop the threat, period. Violent psycho-bitch got taken down before she could hurt anyone. Good!
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You want to stop there and re read what you wrote? Because if anyone is sounding like an out of control psycho it's not the rude customer in the burger shop...
A proportional response is pretty much the fundamental of self defense.
 
Don't know about this one. Customer gets frustrated by terrible service and threw happy meal, it's wrong but the appropriate retailiation is to tell customer get out of the restaurant or they'll call the police, and blacklist the customer. If you work in the customer service industry you just can't retaliate like that. If customer does not stop and start throwing heavier objects or trying to get over the counter to attack personnel then you have a case.
 
WelshBloke said:
Good luck with that. The customer doesn't advance on the server, doesn't try to get over the counter, pretty much just sweeps the food from the counter. There isn't any self defense involved.
The server breaks the customers cheekbone and nose by throwing a heavy piece of kitchen apparatus at them.
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I told you this is from personal experience. Throwing anything at a food service person is assault. Putting hands on the service person is battery. Do you comprehend this?

I actually posted an incident on here where I was assaulted at work. I am legally allowed to remove that person from the store by any means I see fit. I also called the police. I filed a report. I didn't have any legal issues.
 
mooncancook said:
Don't know about this one. Customer gets frustrated by terrible service and threw happy meal, it's wrong but the appropriate retailiation is to tell customer get out of the restaurant or they'll call the police, and blacklist the customer. If you work in the customer service industry you just can't retaliate like that. If customer does not stop and start throwing heavier objects or trying to get over the counter to attack personnel then you have a case.
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I am pretty sure there was a lot more going on than what was reported in this story.
 
Iron Woode said:
I am legally allowed to remove that person from the store by any means I see fit.
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You can remove a person from the store by verbally asking the person to get out, or you can by shooting him down and drag him out the store. It still need to be appropriate for the situation. It's better to let police deal with it unless it poses immediate threat to people around.
 
Iron Woode said:
I told you this is from personal experience. Throwing anything at a food service person is assault. Putting hands on the service person is battery. Do you comprehend this?
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What's smashing someone in the face with a heavy object causing extensive facial trauma? I mean if getting chocolate milk on your uniform is assault then literally breaking someones facial bones is a thing?
 
mooncancook said:
You can remove a person from the store by verbally asking the person to get out, or you can by shooting him down and drag him out the store. It still need to be appropriate for the situation. It's better to let police deal with it unless it poses immediate threat to people around.
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only when the threat was immediate as it takes time for the police to arrive. Sometimes there is no opportunity to call while engaged in that type of situation.

Shooting people is not an option here.
 
WelshBloke said:
What's smashing someone in the face with a heavy object causing extensive facial trauma? I mean if getting chocolate milk on your uniform is assault then literally breaking someones facial bones is a thing?
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Read the article I posted. She was hit in the head by the milk and in the face by apple juice and other objects.
 
Everything seems to have taken the correct course. I don't mean that they acted appropriately but rather that both were predisposed to this kind of response yet learned something that day and are suffering consequences for their actions. They are both guilty of exactly what they did, provocation is not a defense.

Let's hope the customer gets no more out of the lawsuit than medical bills paid and minimal pain & suffering.
 
WelshBloke said:
I mean the customer got a broken cheekbone and nose, I cant imagine that that wouldn't end up in court in most countries.
Breaking someones face is not the appropriate response to having a burger tossed at you.
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Meh, I look at it more simply - One person started a physical altercation. At that point I think it's fair game to respond in kind.

I guess I grew up with the mentality of fault is automatically assigned to the person that starts it. There is certainly more civil ways to act when you have a dispute with an order than physically throwing it at someone.
 
WelshBloke said:
What's smashing someone in the face with a heavy object causing extensive facial trauma? I mean if getting chocolate milk on your uniform is assault then literally breaking someones facial bones is a thing?
Click to expand...

From that point on (IMHO) it's defensive at that point. Responding to an assault with a defense shouldn't be charged.

Should he be fired? Yeah probably. The proper corporate™ response is QUICK RUN IN THE BATHROOM AND COWER! Should he be sued or charged with a crime for responding to an assault? Absolutely not.
 
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