Whopper Spit Suit For $75,000: Burger King and negligent claims

By Daniel Chubb - Apr 17, 2010

Have you ever ordered a nice burger and looked inside to see if anything is not right? Do you ever worry how the burger was cooked? There is nothing like cooking at home and knowing how your food was made, but then a tasty Burger King or McDonald’s is hard to beat.

These concerns became reality for one customer at Burger King, a Washington state police officer is claiming that a Burger King employee spat on his burger, and is even taking legal action to the sum of $75,000.

You can read the full story on Digital Journal, which states that the Sheriff’s Deputy was suspicious after ordering at 2am in a marked sheriff’s car. After pulling over he said he found a “big gob of spit” in the burger.

After DNA samples were taken they showed a match to one of the workers, read more about the sentencing in the above link and how Deputy Bylsma feels Burger King is “negligent” for the supervision, training, and selection of employees.

After reading the article on Digital Journal, let us know if you feel Burger King is responsible? Also, Burger King or McDonald’s, what’s your favorite?

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Also See: Sony Other OS Removal on PS3: Lawsuit Begins – Your Predictions?

  • Whitealexgood

    Burger King store #1440 ,
    575 North Avenue , Battle Creek, MI, 49017  phone: (269) 963 7828
      that store employee sometime spit on Sandwich, i just didn’t eat anything that day, because i smell very bad (like a stinky mouth breath) when i open the sandwich wrap, lucky me i have very sensitive nose can smell even if little different. OK so my main point at here is to warn u guys , beware of that store and be sure to check your foods and drink before u eat  , if your foods is sooo slime  better not eat at check DNA if possible.

         I hope u guys have fun and not eating gross things

  • At the local olive garden, employees were putting their semen into dishes, haha glad that they got caught before I ever ate there, but really? spit, if you are a cop this should be expected

  • diane

    burger king should pay and the worker should go to jail for assault. Even though the cop did not get hurt, the psychological affects of the idea that you almost ate someones disgusting bodily fluids can mess with you mentally every time you eat out. It can interrupt your enjoyment dining out. People do not think of the mental damage it can cause.

  • C.S.

    @Morgan "…cop is acting way too much like a baby."


    Let me spit on your food and lets see how grown-up you act!

    The cop is right to sue and send a message that this kind of behavior is NOT acceptable. If Burger King has to pay a large sum maybe they will something to curb this sort of behavior!

    I used to work in a restaraunt and believe me this sort of stuff happens more than you want to know.

  • Seen It All

    I have been around for awhile and through the years, have seen and heard of this kind of thing happening all the time. It usually happens for different reasons in different eating environments. Someone is angry( for any number of reasons) and uses food contamination as a tool of revenge. Discourtesy to underpaid, "always under pressure" food handlers (food processors/packing plants) or restaurant food preparation workers. Remember, we are all human. You get ugly to a worker who gets paid "peanuts" for busting his or her hump everyday in a hot, steamy work area, and a nasty boss who is trying to get promoted, makes these problems come about. On the flip side, I remember bullies in school who spit in the sub sandwiches after a geeky guy or gal refused to give up lunch money.. Workers pissing in pickle barrels, putting bugs and pebbles in Chinese food, happens when somebody feels abused in some way. Respect and value everyone and use cameras to catch abusers.

  • justin w

    i think they should just line all the people up that do that and shoot them in the head that would take care of the problem

  • Jake

    BK is the employer and is therefore responsible for the actions of its employees while they are on duty.

  • FORMER BK employee


  • Aaron Malaysia

    the chap who spitted on the burger should be punished! if not u might find him working in another restaurant spitting at other ppl's food because he did not learn to take personal responsibility of his wrong doings.

  • 1bad540i

    ..being a police officer is immaterial.. saliva is not in the corporate description of the whopper.. sorry Bk You lose!

  • Daid

    It's hard to blame Burger King for this. It's the kids fault who did it. How was BK supposed to stop something they don't know about. To make BK pay for someone else's mistake is just another example of a litigation crazy world that doesn't put blame on the people who do the offense.

    • AFM

      The officer sued BK bfor not doing proper screening and training of their employees before hire. The two guys that were involved both had criminal records and one of them had Hepatitis. Those things takin into consideration and I woulda been lookin at BK crazy too like why did they hire them in the first place

  • digilad

    This is similar to the story many years ago about a "Jack In The Box" employee putting nails into a cop's burger. For years afterward, people would place an order by saying, "I want the burger without nails."

  • edward

    you are real jerk there are good and bad police officer just like good and bad workers in the fast food resturants say for someone to spit in this police officer burger not enuf and
    hope he gets gunned down ruring a routine traffic stop is real jerk guess you know think maybe this police officer has children and wife waiting on his return home safe every night maybe if you give the police respect and follow thier direction you wont have problems they have to be very carefull or they could be shot down maybe what you need is a few years in jail i been around awhile myself iam 56 and never have problems with the police most have always treated me with respect as long as you give it back what comes around goes around

  • maning

    Fast food chains should consider a tube like preparation table where only your hands can get in that tube. When food is ready it gets on a rotary slide that comes out of the end of the table all wrapped up and ready to serve…if any one is interested let me know and i'll give you a drawing.

  • Morgan

    People hate pigs, for good reason. I'm not condoning what the Burger King employee did but the cop is acting way too much like a baby. Complain to the manager, get the employee fired, and get on with your life. It's not like the company condones employees spitting in food. Some people are just greedy.

  • fred

    Jesse Jackson reportedly pissed in a customer's food when he was a young man working in a restaurant because he was white. It happens all the time.

    • May

      You should stick to facts you can prove. Do you wnat a lawsuit for slander?

    • Paul

      That doesn't make it right, though!!!!

  • dan

    If the employee had aids would you want a bite of that wopper?..burger king can start screening and hiring better workers and start putting cameras in the food prep area. also it should become crime punishable by time in jail for doing such a thing. What if hospitals did this? Or sitdown resturants. The drive through should not be a place for people to worry about there food being spit on .I hope he gets his money and I hope the industry changes how they do things.

    • Christopher

      I think you need to educate yourself. It has long since been proven that AIDS or HIV cannot be transmitted through salive, it's a sexually transmitted disease that is passed through secretion (vaginal fluid/sperm) or blood….you cannot get HIB or AIDS simply by kissing a person who is tested positive. So before you speak, why don't you actually pick up a book, not the internet or television, and educate yourself~!

  • Shakita

    No one deserve the treatment that this poor cop got. NOONE! so it is the responsibilities of the company to pay for any damages that it’s empoyees actions. I don’t want to go to bk and eat spit or anything disgusting. That’s not only nasty, but down right mean-spirited.

  • BOB

    What the emplyee did was wrong , but what is the damage that the officer suffered none, but if the officer ate the burger he may have a some damage.. This sounds like the old mouse in the coke can law suit.

  • Kathryn Simlson

    I think that is really horrible that these fast food resturants are able to continue to do this and getting away with it and I do believe if, you give them a hard time at the drive through that's there way of getting even with you and some people are just down right nasty. If, your press for time and your hungry and want to grab a bit not many of us think to check I know I've missed several items I ordered through the drive through but, after reading and hearing how people find body fluids in there food totally turns me off from fast food and it makes you wonder if, they even washed there hands before preparing and you wonder why your having diarrhea or a stomach ache.

  • maxine

    yes they should i don't eat from any burger king, since they pay little money the employees treat your food like its nothing,and oh yeah theres always a gay boy in everyone.

  • Sue

    The same thing happened to me at a Burger King here in Arizona. The worker hacked up a lung in a napkin and put it in my drink. I went to a lawyer who said NOTHING could be done. I went inside the store and threw the drink at all of the employees…

  • William

    I would not believe a cop. They get paid to lie and decieve. Was the employie seceratly paid by the officer to do this, to scam Burger King?

    • Leah

      William, I know of several cases in which an employee at a fast food joint saw the cop who put him in jail and spit in his food. It happens more than you know with regular customers too. If you go to a chain restaurant and you maybe didn't tip the waitress, they spit on your food in the kitchen and you never will know. Be careful with tips and with ex-cons.

    • Chris

      DNA testing does not lie…well, usually.

    • Paul

      What is WRONG with YOU!!! If i found my burger had spit in it, I would throw it at you for being so dumb!

  • jcg1960

    yes they should be responsible it is the wrong place to have a conflict with a police officer and what kind of respect is that for the law , so burger king pay up for your employees mistake. whats the difference between that and a hot cup of coffee burning you , if my coffee is not hot I don't want it , mcd's paid for that which is more stupid than this so write the check .

    • dan

      i agree