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Can a sue a restarant if i broke my tooth while eating their food?
Anonymous5 views3 answers
I went to a restarant tonight and while I was eating a piece of chicken my back tooth broke. there was a bone in the chicken breast I was eating and i didnt think they had any bones in it. I talked to the manager and she said there was nothing they can do for me other than give me a discount on my next visit. My tooth is broken its scrapping my tounge and making it raw and its hot and cold sensative now. I cant even eat right. can i sue them for the cost of repairing my tooth at the least?
Whether or not the restaurant may be liable depends on a couple of factors. Most courts now use a reasonable expectations test. Under this test, for example, it is not reasonable to find a razor blade in mashed potatoes. But, it is generally held to be a reasonable expectation that there might be a bone in chicken. I base this on having read many many negligence cases over the years.
I may be wrong. But, this is the usual test. Get the dental treatment you need. See a personal injury attorney.
Personal injury attorneys nearly always give a free initial consultation.
The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.
Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.
This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
I agree with Mr. Myers on this one. Even boneless fish is expected to have at least the potential for some bones in it. Chicken is the same way. Unless the restaurant guaranteed that there will be no bones in the chicken, the expectation is that there could be a bone in the chicken. Get the tooth fixed and make sure to get a statement from the dentist about the likely caused on the break. You did the right thing by complaining to the manager to further document the damage and what caused it.
After the tooth is fixed and you have the documentation about the injury, you can always consult with an attorney to see if there is a case. If not, at least get the name of the restaurant's insurance company and file a claim. You have nothing to lose.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
Check with the restaurant to see if they have premises liability insurance. If they do, most premises liability insurance policies have medical expense payments availability. If this coverage is available through that restaurant's insurance, they may pay your medical bills. If they do not have the coverage or if they refuse to pay under their medical expense benefit, contact a personal injury lawyer in your area.