QUESTION

Can we file a lawsuit?

Asked on Nov 05th, 2013 on Civil Litigation - Indiana
More details to this question:
We had a very disturbing incident at Chain restaurant in Warsaw IN. In my wife's meal, while she was eating; she bit onto something hard and with metallic taste, she ended up pulling this piece of metal out of her mouth very alarmed that she almost vomited when she realized what it was. I'd like to ask for your legal counsel should you feel there is a potential case or settlement. We are both very anxious and nervous right now she has a toothache since she bit the piece kind of hard..
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anybody can file a lawsuit, but what damages have you suffered?  You can certainly recover the price of the meal, and maybe a little bit for pain and suffering due to the toothache, but at this point I doubt you would recover enough to make it worth your while.  I think your best chance at this point (unless your wife suffers additional health problems) is to complain to the local restaurant and the franchisor (assuming this restaurant is a franchise) one of them will give you something to avoid any bad publicity.
Answered on Nov 05th, 2013 at 5:06 PM

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