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