> you cant sue the worker that made the shake and gave it to you.
I mean let's be real, in the US you definitely could. Pretty much anyone can sue anyone for anything.
But between suing McDonalds, and suing the close-to-minimum-wage-employee working at McDonalds, which group do you think you would be most likely to collect from in the event you won? Not to mention the public perception of suing an individual McDonalds employee.