QUESTION
Is a restaurant liable for my personal injury?
Asked on Jul 17th, 2011 on Personal Injury - Georgia
More details to this question:
While eating a chile relleno from a Mexican Restaurant I broke a tooth on a piece of glass found in that food. Is the restaurant liable for any dental bill and pain and suffering?
19 ANSWERS
Yes, possibly. Did you keep the piece of glass that injured you?
Answered on Jul 19th, 2011 at 1:25 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You could have a claim. You need to discuss with an attorney who handles these types of cases.
Answered on Jul 19th, 2011 at 12:57 PM
Virginia personal injury law does provide a remedy when you are injured because a restaurant did not serve food that was fit for consumption. Assuming that you reported the incident right away, the next step is to present your claim to the restaurant owner. Most likely, the restaurant has insurance for claims of this type and an insurance adjuster will take over the handling of the matter. Of course, it is the adjuster's job to settle the claim for as little as possible. An experienced personal injury attorney can help you determine what such a claim is worth and can also help you maximize your recovery. Good Luck.
Answered on Jul 19th, 2011 at 12:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes. Normally restaurants will accept responsibility for such things.
Answered on Jul 19th, 2011 at 12:26 PM
May be, if the restaurant was negligent. Retain and/or consult with a plaintiff's personal injury attorney.
Answered on Jul 19th, 2011 at 12:19 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Yes. You need to hire personal injury attorney
Answered on Jul 19th, 2011 at 9:40 AM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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Yes, they will liable. They may try to bring in a third party to pay your damages, for example a food supplier, but you can definitely go after the restaurant.
Answered on Jul 19th, 2011 at 9:39 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Foreign articles in food are a constant source of injury. The cases with items like glass or metal are better than the ones with bone or other natural substances because they are more obviously not supposed to be in what you consume and have the potential to cause more damage. Before filing a lawsuit in these cases it is helpful to do a little investigation to determine who is really at fault. If the food product was made by one of the employees on site then the restaurant should be held accountable. If the item was pre-packaged, such as a burger patty made by a third party in an off-site factory, then the restaurant may still be liable, but you may need to sue the manufacturer as well. In making a claim against the liable party you would want to ask for both economic damages (medical bills, etc.) and non-economic damages (pain and suffering).
Answered on Jul 19th, 2011 at 9:31 AM
Personal Injury Attorney serving Portland, OR
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Idiart Law Group, LLC
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Yes it sounds like the restaurant is liable. Please contact us to discuss how we can help you.
Answered on Jul 19th, 2011 at 9:31 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. The restaurant is liable.
Answered on Jul 19th, 2011 at 9:30 AM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes, the restaurant is liable for your injuries. You should save the foreign object that was in your food, and contact an attorney right away.
Answered on Jul 19th, 2011 at 9:24 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes since glass is not inherent in any food you would eat. Either try to resolve the claim with the restaurant yourself, or retain an attorney to assist you.
Answered on Jul 19th, 2011 at 9:23 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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Yes, it can be. Did you report it? Did they verify the piece of glass was in their food at the time you ate it? If so, you should be able to do so without too much hassle, but their insurance carrier should hopefully take care of it for you.
Answered on Jul 19th, 2011 at 9:23 AM
Personal Injury Attorney serving Salt Lake City, UT
Partner at
Handy & Handy, P.C.
Yes, the restaurant is liable. A restaurant has a duty to make sure that the food it serves is free from foreign objects that could cause harm to the person consuming the food.
Answered on Jul 19th, 2011 at 9:22 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes. There is a statute in Florida making restaurants responsible for foreign bodies in food that cause people injury; I just hope you kept that piece of glass as evidence.
Answered on Jul 18th, 2011 at 3:08 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 18th, 2011 at 3:07 PM
Real Estate Litigation Attorney serving Newport Beach, CA
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Fink & Abraham LLP
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Yes. The restaurant is liable for the foreign substance found in your chile relleno.
Answered on Jul 18th, 2011 at 3:06 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes they can be. Hopefully you reported it to them and retained the piece of glass.
Answered on Jul 18th, 2011 at 3:01 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes but you have to be able to prove it. Any witnesses?
Answered on Jul 18th, 2011 at 3:01 PM