QUESTION

Is the restaurant insurance company liable for my injury costs?

Asked on Aug 24th, 2011 on Personal Injury - Florida
More details to this question:
After talking with the insurance agent, I feel that she was being truthful. I bit into the stem of an avocado, which I assume was mixed into the guacamole included with this en tree. I have had jaw pain/headaches/sore teeth everyday, where I bit, for over 2 month. I went to the dentist, had an x-ray, nothing broken. The dentist told me it was likely bruised. Restaurant manager suggested I had nerve damage. I avoid chewing on that side of my mouth and have avoided eating anything crunchy or hard, as even eating a few Fritos will cause a pain flare up. I did not have this problems before biting in to that stem. I have also tried massaging the area, icing it, and pain medications. The insurance rep told me that because it is part of the food, that they are not liable or responsible. She compared it to an orange seed. (Clearly, a seed is INSIDE the orange, but a stem is not.) But because I was "such a nice lady," she offered to cover the one dentist appointment (she winced at the cost), and a follow up, provided that would be equal to or less than the cost of the first appointment, and provided I get the info back to her within a month of it being reported by the restaurant to the insurance company. (Lots of stalling on the part of the restaurant and the agent took over a week to call me.) It seems wrong to me that they aren't responsible in any way, and the rush on the time to get papers back to the agent seems suspicious, telling me I get it back to her by the 29th, or they won't even cover the initial dentist visit. (The restaurant told me to go right away to get it checked out.) What can I do to get them to cover costs and future costs (if any), and don't they have to cover some amount for the pain I've gone through? When I was served food at a restaurant, I trusted them to serve me food that would not hurt me! I've never had a problem like this before, and I thank you for your help.
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10 ANSWERS

Alternate Dispute Resolution Attorney serving Edmond, OK at Woska Law Firm, PLLC
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Immediately meet with a contingent fee lawyer, explain everything, show the evidence you hold and allow the attorney to assist you. You may find a nice result if expert testimony can tie the restaurant experience to a series oral problem now.
Answered on Sep 01st, 2011 at 8:54 AM

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Workers Compensation Attorney serving West Palm Beach, FL
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You need to speak to a personal injury attorney. There may not be enough damages.
Answered on Aug 26th, 2011 at 7:42 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Dental injuries from adulterated food are not court cases because damages are very hard to prove and usually are not permanent. If you sue them yourself in Justice Court, they will probably settle. Contact your county courthouse and ask for the Clerk of the Justice Court.
Answered on Aug 26th, 2011 at 6:17 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I did not know avocados had stems. I have only seen them without. It is true that you don't get perfection in a restaurant. Certain foods have seeds and such, and generally there is no liability. Your real problem might be causation. did the stem actually cause the problems you are having. Do your doctors confirm this. Is it possible you were predisposed to this problem? What does the doctor say about all this? And doctors don't have all the answers. They just want you to think they do.
Answered on Aug 26th, 2011 at 12:35 PM

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Steven D. Dunnings
You could sue them but it sounds as if establishing negligence and cause of your problems is going to be tough.
Answered on Aug 26th, 2011 at 11:37 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should consult with a plaintiff's personal injury attorney.
Answered on Aug 26th, 2011 at 11:24 AM

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I think most Virginia personal injury lawyers will disagree with the insurance representative's analysis on liability. A stem is not part of the food and should not be in guacamole. The restaurant should be responsible for serving it. Contact an experienced injury attorney today.
Answered on Aug 26th, 2011 at 11:24 AM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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Unfortunately she is correct. If the item that caused injury is inherent in that food, the restaurant is not liable. For example, if you ate a chicken burrito, you would not expect a bone, but if there was a chicken bone that you bit and resulted in injury they would not be liable because the bone is inherent in any chicken dish, even if not expected. On the other hand, if you bit into a stone or a piece of glass, those items are not inherent in any chicken dish and the restaurant would be liable. Here, the stem is an inherent part of an avocado, even if not expected by you. Many insurance polices contain a med-pay provision that covers medical expenses up to a certain limit, oftentimes $5,000, regardless of fault. You only need to be injured on their premises. I would call her and ask if there is a med-pay provision on the restaurants policy and if so, what is the limit. If there is one, ask her why she is not covering all of your medical bills up to that limit. This is usually an area where adjusters take advantage when you are not represented by an attorney.
Answered on Aug 26th, 2011 at 9:46 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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The only way you will ever get them to put up any real money is to sue them.
Answered on Aug 26th, 2011 at 8:31 AM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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You probably wouldn't have much of a chance of proving your claim unless you kept the stem.
Answered on Aug 26th, 2011 at 7:50 AM

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