QUESTION

As a small business owner in rest. industry, we delivered a Club San to a customer which is typically hold together by long toothpicks (CLUB FRILLS).

Asked on Mar 10th, 2012 on Business Litigation - Maryland
More details to this question:
He claims he found a toothpick in his san. he could have swalloed the toothpick but he did not. No hospital visit no damage to his throat. Was offered his money back, he said he wants to sue. Is this merit letigations??
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The civil justice system exists for the purpose of providing remedies to injured plaintiffs, not to uninjured ones. The essence of valuing a personal injury claim is evaluating the pain and suffering sustained by the plaintiff and restoring his lost wages and other lost non-economic injuries. Those elements of damages are all absent here. The customer will find it impossible, or at least extremely difficult, to find an attorney who is willing to represent him. If and when he actually sues, tender the defense of the claim to your insurance company. This is exactly why you have insurance. My guess is that he will never sue.
Answered on Mar 10th, 2012 at 3:57 PM

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