QUESTION
Can I sue a company for choking on a piece of glass?
Asked on Apr 22nd, 2013 on Personal Injury - Iowa
More details to this question:
I was dining in the restaurant when I choked on a piece of glass that was found in my food I threw it up and I still feel like there's parts of glass inside my throat and my doctor say that I did have cuts in my throat. Is there anyway I can sue the company that served me this food?
16 ANSWERS
Ronald A. Steinberg
Well, if you bought food expecting it to be fit for consumption, and if there was a foreign substance in it, then you can sue. However, you need to have the substance so you can prove what it was. Example: You bite into a piece of cherry pie and break a tooth on a cherry pit. Probably no case, because cherries have pits. However, if you break your tooth on a rock, there would be a case because rocks are not found in cherries.
Answered on Apr 25th, 2013 at 9:47 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Other than your vomiting, did you suffer any other medical problems? You may sue the restaurant, but the question becomes how significant are your damages. If you did not incur more problems or significant medical expenses, then you would not have a strong case. Furthermore, you would have to prove that the restaurant either knew of the glass or should have known of the glass and did nothing to prevent it from making its way into food and ingested. Please feel free to contact my office to discuss further.
Answered on Apr 23rd, 2013 at 12:34 AM
Healthcare Law Attorney serving Sacramento, CA
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Beach | Cowdrey | Owen, LLP
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Yes . You must file a lawsuit, how ever, within one year of the injury.
Answered on Apr 22nd, 2013 at 11:52 PM
Personal Injury Attorney serving Denver, CO
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Law Offices of Bradley S. Freedberg
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Yeah - if you can show where the glass came from you are in the game for having a case.
Answered on Apr 22nd, 2013 at 10:17 PM
Edwin K. Niles
Of course.
Answered on Apr 22nd, 2013 at 10:16 PM
James Eugene Hasser
Yes, but you will need to preserve the glass.
Answered on Apr 22nd, 2013 at 12:42 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Yes, you can sue. The law was first established in Great Britain and has been followed in the U.S. See the original principle in Donahue v. Stevenson, (1932) UKHL 100.
Answered on Apr 22nd, 2013 at 12:42 PM
Thomas Edward Gates
You can sue the company, but the case is to small for most attorneys to handle. You can ask the restaurant to pay your medical bill, cash compensation, and free meals.
Answered on Apr 22nd, 2013 at 12:41 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You can sue for breach of contract perhaps, breach of warranty of fitness. Doesn't sound like you were hurt bad and so your damages will be very small. You might be better off trying to get the insurance co to pay a small payment and get on with your life. Damages are the key to all cases.
Answered on Apr 22nd, 2013 at 12:41 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can sue. Contact a personal injury attorney. If you have no permanent injury, you may want to handle it yourself in small claims court.
Answered on Apr 22nd, 2013 at 12:41 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, for the medical expenses and other losses proven.
Answered on Apr 22nd, 2013 at 12:40 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, and hopefully you still have the glass. In Florida we have a law that allows you to bring a claim for adulterated food products.
Answered on Apr 22nd, 2013 at 12:39 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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If you reported the incident to the restaurant and can prove that the glass came from food you ingested you can sue the restaurant. Make sure that you consult with an attorney as to the value of the claim. Sometimes you may be better off contacting the restaurant and talking to the insurance company for the restaurant to reach a settlement so as to avoid the attorney fees. Make sure that you collect all medical bills and discuss the injury and the impact of the injury with the attorney you consult with. The insurance company should be happy to resolve the case with you directly if your injuries are not too serious and you do not hire an attorney.
Answered on Apr 22nd, 2013 at 12:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes. Get a lawyer in your area immediately. Do not talk to the insurance company for the restaurant. Find out if your Dr. thinks you will need any follow-up treatment. From what you describe, it does not sound like a big case, but it does look like one worth pursuing.
Answered on Apr 22nd, 2013 at 12:38 PM
4 Awards
Likely, yes (as that is clear negligence that endangered your life; moreover, it's unclear whether there are continuing damages).
Answered on Apr 22nd, 2013 at 12:38 PM
Food contamination cases are traditionally difficult to prove because many people make false claims and it's difficult to prove chain of custody issues involving the object. Now if you still have the glass shard and can link it up with something that broke in the kitchen of the restaurant, then maybe you have a good case.
Answered on Apr 22nd, 2013 at 12:38 PM