QUESTION
If I broke my tooth on a peace of bone in a sandwich from a fast food chain, do I have a lawsuit?
Asked on May 08th, 2013 on Personal Injury - Florida
15 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes. Not a big one, but you have a right to seek compensation.
Answered on May 10th, 2013 at 12:40 PM
You could potentially have grounds for a lawsuit, but additional information would be needed to be discussed with an attorney to determine the full extent of the claim.
Answered on May 10th, 2013 at 6:19 AM
Thomas Edward Gates
No lawsuit for such a small case. However, you can get them o pay for the tooth repair and some free meals.
Answered on May 10th, 2013 at 5:59 AM
Michael Eric Wasserman
You have a claim for compensation to repair the broken tooth. Whether it is sufficient to proceed with a lawsuit is another issue that requires evaluation.
Answered on May 10th, 2013 at 5:59 AM
Ronald A. Steinberg
The law is basically that if there was a 'foreign substance" in the food, then the seller did 2 things wrong: 1) breached the contract for which you paid money to receive something safe and edible, and 2) breached the warranty that the food product was fit for the purpose intended. So, if you bought a piece of cherry pie and bit into it, and found a cherry pit, there would be no case, because cherries have pits. However, if you found a rock, then there would be a case because rocks have no connection with cherry pit. In your case, if you had a fish sandwich and found a fish bone, no case. However, if you found a bone from beef, ham, etc., then there would be a case.
Answered on May 10th, 2013 at 5:43 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It depends if the foreign object is inherent I the food. If it was a chicken bond in a chicken sandwich, you probably don't have a claim. If it was a beef bone in a peanut butter sandwich, you probably DO have a claim because it would never be expected to have any kind of bone in peanut butter. Typical valid claims are stones or glass found in food because they are obviously not inherent in any type of food.
Answered on May 10th, 2013 at 5:36 AM
Personal Injury Attorney serving Boise, ID
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Montgomery | Dowdle Law
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Anyone can file a lawsuit so the real question is can you be successful with your lawsuit. If you can prove that you broke a tooth while eating a sandwich from the fast food chain, then you likely have a case. Your testimony is a form of proof but a judge or jury may or may not believe it. If you were still at the fast food place when you broke the tooth and reported it immediately, that would help bolster your own testimony. Then there's the question of damages or how much is it worth? Lawsuits can be expensive and if the damages (costs of repairing the tooth and pain associated with it) are not substantial, it may not be worth your time and expense pursuing it. Since most lawyers handle injury claims on a contingency (a percentage of the amount collected) most of them will not be too anxious to take your case if the possible recovery is not very much because they can spend a lot of time and money pursuing a case without much compensation in the end. Hope this is helpful.
Answered on May 10th, 2013 at 5:35 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Maybe so, maybe not. If a piece of meat has a piece of bone in it, that is natural, right? If it were a piece of metal you would have a better case a damaged tooth might be worth a thousand or so. Not much. Have you asked them if they have medical payments coverage to cover your dental bill? You should ask.
Answered on May 10th, 2013 at 4:40 AM
James Eugene Hasser
Maybe and maybe not. It depends on whether you can prove the bone was in there as a result of the negligence of the food chain or its personnel.
Answered on May 09th, 2013 at 4:25 PM
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Depending on the facts, you might have a claim that you can successfully pursue. The damages awarded for dental injuries are usually not very high, so you might have a hard time finding a lawyer to take your case, especially if the fast food chain refuses to pay you compensation for what happened.
Answered on May 09th, 2013 at 4:25 PM
Yes. You should be compensated for the cost of a repair or replacement, and pain, suffering, etc. You need to make a report to the restaurant and find out about its insurance coverage.
Answered on May 09th, 2013 at 4:25 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, if you can prove that's what happened.
Answered on May 09th, 2013 at 4:25 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Before you think about suing anybody, why don't you speak with the manager of the fast food restaurant and ask him what he's planning on doing about it. If he's willing to pay for your dental bills and give you a few hundred dollars worth of gift certificates to the store, that should be OK. Do NOT surrender the bone fragment, however, as that is your proof of the injury.
Answered on May 09th, 2013 at 4:24 PM
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To the extent you were harmed/ the cost to replace the tooth, yes. It is what they call "res ipsa loquitur" or implied negligence when a bone is left in food sold to a customer.
Answered on May 09th, 2013 at 4:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, for the repair of the tooth.
Answered on May 09th, 2013 at 4:24 PM