QUESTION
Is a piece of glass in a pastry something I should really fight at?
Asked on Jun 11th, 2014 on Personal Injury - New York
More details to this question:
I ate a pastry and in one of the bites I noticed something hard and took it out of my mouth. At first I thought it was plastic, then I realized it was a piece of glass. I don't know if I chipped a tooth. I have been in some pain after it has been about 5 hours. What should I expect from this? I was sharing it with my daughter and I am glad she didn't get the bite with it. What if we ate some?
11 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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You have to document injury through a dentist, doctor or photos. No damage equals no lawsuit.
Answered on Jun 13th, 2014 at 8:45 AM
Divorce Attorney serving New Orleans, LA
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Zitzmann Law, LLC
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You might have a claim for damages if you incurred any actual damages such as medical expenses. However, the hardest part will be proving the damage in your mouth was linked to the pastry. It would depend on what evidence you have and the circumstances of the incident.
Answered on Jun 13th, 2014 at 4:01 AM
Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answered on Jun 12th, 2014 at 7:15 PM
Thomas Edward Gates
You need to file a claim with the place that you purchased the pastry. You injury was very minor, but the end result could have been worst. They will offer you a cash settlement. This settlement must pay for any medical and dental work that need. Also, seek free food from the establishment.
Answered on Jun 12th, 2014 at 4:46 PM
James Eugene Hasser
The question is whether you were hurt? You should get checked out to make sure there are no serious. Let the the people from whom you purchased the pastry know about the problem. They would owe you a refund and probably something else for the slight injuries.
Answered on Jun 12th, 2014 at 4:26 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appear damages which you sustained were minimal. If you actually chipped tooth then the purveyor of the pastry would be potentially liable for its repair. If the incident has been properly documented you should go to the responsible bakery and ask for some compensation for your damages as well as a new pastry. It is doubtful engaging an attorney for this, unless there were additional and provable damages, would be economical. You can only recover your actual and provable damages.
Answered on Jun 12th, 2014 at 4:20 PM
Ronald A. Steinberg
A "foreign substance" in food is a breach of the contract for the purchase and sale of the food, and it is a breach of the warranty of fitness for purpose intended. However, if no injury, it is not worth enough to justify retaining a lawyer.
Answered on Jun 12th, 2014 at 4:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suspect your imagination is working overtime right now. wait and see if you have any genuine injury, get to the ER if you think so.
Answered on Jun 12th, 2014 at 9:37 AM
EDWARD MILLER
You should consult your dentist to confirm or refute that you suffered a chipped tooth and, if so, the cost of as repair. If the repair cost is substantial that, together with the pain, might justify filing a small claim ($5000 is the present limit for small claims). It does not appear from what you stated, that your claim, if any, is likely to exceed the small claim limit. While anxiety from the experience, especially if it requires psychological treatment, might have some value as damages, the courts generally do not award damages for what might have happened, but didn't.
Answered on Jun 12th, 2014 at 9:22 AM
What you need to be concerned about is determining what are the damages in your case. Basically, if you can prove that you were injured to such a degree that justifies your time and possible expense in litigating the claim, then a claim may be warranted. If it is just a minor toothache that goes away and you are not in any way mentally scarred, you may just want to let this one go. Many attorneys will take on personal injury cases on a contingency basis, meaning that they only make money off of what they recover for you in your case. Often times, the damages in these cases are emotional harms, but this is typically when something very grotesque is found in a food item. A piece of glass probably does not rise to the level of harming you emotionally to a point where a court would feel it necessary to punish a pastry shop. If your injury gets worse, you should probably talk to an experienced attorney, and consultations are often free of charge anyways.
Answered on Jun 12th, 2014 at 8:43 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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"What if" and "don't know" are of no legal significance. You don't know if you chipped a tooth. Well, if you don't know, then you can't prove it. If you can't prove it, you have no basis for establishing liability. If you can't establish liability, then you cannot make any claim. "What if" means "didn't happen". You can't make a claim for what didn't happen.
Answered on Jun 12th, 2014 at 8:33 AM