Am i able to sue McDonald's for having a wooden toothpick in my large sweet tea drink? It stabbed him in the mouth.

Yes, you may sue. However, practically speaking, as your son was not injured, this is not a case worth pursuing. (Unless, and regrettably, your son is suffering from psychological injuries). The law does not compensate for near misses, what if's, etc. You can report this to the local Health Department. Hopefully, you still have the drink, receipt and toothpick. Good luck.

To answer you question, yes you can sue. But based on your facts, unless your son suffered more damages it might be difficult to find an atty to take the case.

You do have the option to file a law suit, but there is little economic value without some sort of damage. Your best bet is to contact McDonald's customer service number and file a complaint with them. They may provide you with some nominal compensation for the inconvenience.

Happy to hear that the injuries are not more severe - probably not enough damages to warrant a personal injury claim

Sorry to hear about this, and it should never have happened, but without some injury and medical treatment, there is nothing worth pursuing. I'm glad that nothing serious resulted to your son.

Yes, but best bet is to stay away from fast food restaurants.

I agree with the other lawyers who answered this question - if this didn't require real medical attention, there is nothing to talk about on damages and no case. Not that it isn't a real problem...I can appreciate how upset you all were, and I think we all have that reaction when we hear these horror stories. For you, and anyone else on who might wonder about this issue, Virginia follows the law of implied warranty of wholesomeness of food, which makes sense - a consumer should be able to recover from a manufacturer, as they were in the best position to prevent impurities from being in the food products in the first place. You show that you were the original buyer, that the product was properly sealed, that it was in your presence the whole time, that you began eating it immediately and that you were not in the presence of the contaminant (like if your son was playing with toothpicks, for instance, before taking a sip). If you have that evidence, it is basically end of discussion, so people should save all original packaging if they find impurities in their food. I’m sorry this happened to you all, but glad it wasn't worse.