Is a restaurant liable for a broken tooth injury caused by something in their food?

Question

Is a restaurant owner responsible if I break a tooth on something that should not have been in the food?

Timothy Klisz · Answer

It depends on the nature of the item.

Josh Lamborn · Answer

Whether a restaurant is liable for foreign items in their food usually depends on what the item is and how it got in their food.  If it is something metal like a screw or a staple or something and the restaurant workers accidentally put it in the food you may have a pretty good case.  If it is a bone and you were eating a hamburger it is harder to say that the restaurant is liable.  It is also difficult to prove who is liable if there is no way to prove from where the item originated.  You may have a claim depending on the facts of your case.  You should contact an attorney in your area and that attorney can give you a better idea once he or she hears all of the facts.

Gregory Casale · Answer

It depends what was in the food and who's fault that it was there. I would need to know more about it to advise you.

Steven Fink · Answer

If it is a foreign substance that does not belong in the food they are liable.

James Kelaher · Answer

Depending on what it is, they probably are. First of all, definitely save whatever foreign object that was in your food which caused your tooth to break;  without that object, you probably could not sustain a claim against the restaurant.  If it is something that is ordinarily not found in food, then you would have a good chance at prevailing in such a claim.

Ronald Lowry · Answer

Generally speaking, yes, as long as it is a foreign object like a nail, piece of metal, etc.

Jeffrey Wittenbrink · Answer

A restaurant may be liable for foreign matter found in the food that is a result of their negligence.  Some kinds of objects may be there due to the nature of the food, and may not be grounds for liability-things like a bone perhaps, or a pearl found in an oyster.  The restaurant may be liable for negligence in preparation or serving of the food if foreign matter not natural to the food has found its way onto the customer's plate and causes damage.

Francis Paul Hajek · Answer

Personal injury cases involving restaurants and problems with food are fairly common.  The restaurant has a high duty of care to its patrons and that duty includes serving food that is fit for consumption.  If your injury was caused by something in the food that should not have been there, say a rock or glass, the restaurant is most likely responsible.  Hopefully, you reported the injury at the time and kept the object that caused the broken tooth.  You should also make sure that the dentist has the correct history concerning the cause of the injury.  Good Luck.

Vincent Bernabei · Answer

Absolutely liable.  You don't even have to show they were negligent. You should retain the foreign substance.

Thomas Patton · Answer

Yes. If you have good evidence, you can prevail on this claim. I handled a claim exactly like this successfully when a client was witnessed by the restaurant served biting down on a pitted cherry that, low and behold, had a pit. It was not a big claim, but we obtained payment for the dental bills and compensation for pain and suffering. You should consult a local attorney.

Garrett S. Handy · Answer

The short answer is yes, the restaurant is liable if there was some foreign object in the food that caused you to break your tooth.

Earl Straight · Answer

You can certainly make this claim, although liability is often disputed.  I have seen cases like this where the restaurant denies the object was in the food when it was delivered to the table, thus implying that the claimant put it there to create a fraudulent claim.  Hopefully that is not the scenario in your case.  If you immediately reported it when it happened, the object was preserved (not thrown away) and you have some credible witnesses, you should be able to make this claim successfully.

Barry Rabovsky · Answer

ou may have a case, based upon the information that you have supplied.  We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.   Thank you for your email, and we look forward to hearing from you.

Steven D. Dunnings · Answer

The restaurant could be liable, but your case is, probably not worth much.

Paul Whitfield · Answer

Cases are a little mixed. Depends in part on whether  the item was part of the product (peach pit or cherry pit for example) or whether it is totally foreign (piece of metal for example

Sam Louis Levine · Answer

In most cases, yes, the restaurant is liable.

Bernard Huff · Answer

May be, if the restaurant is negligent. Contact a personal injury attorney for advice and/or assistance.

Jared Altman · Answer

Yes, they are.

Lawrence Ramunno · Answer

Yes, they may be liable.

David Stoddard · Answer

Yes.

William Allen · Answer

Yes, it can be. Did you report it and have what caused the injury?  That will be the difficult aspect of your claim.

Lyle Masnikoff · Answer

Yes but depends on object and your prior teeth conditions.

Mark Leonardo · Answer

The short answer is yes, if the item that caused your tooth to break was not an inherent item in the food.  Example, a piece of glass or a stone is not inherent in any food.  A chicken bone in a chicken quesadilla would be, even if you dont really expect a check bone in a quesadilla.

Travis Prestwich · Answer

Yes. Oregon has a special statute that governs these claims.

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Is a restaurant liable for a broken tooth injury caused by something in their food?

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