More details to this question:
I bit into a rusty nail. So far I have contacted the restaurant, the restaurant headquarters and a dentist. I did not give the nail back to the restaurant.
20 ANSWERS
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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How much money do you think would be fair compensation?
Answered on Jul 02nd, 2013 at 3:22 AM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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I would definitely hold onto the nail and continue to follow up with any medical providers needed to treat whatever injury you may have. In addition, I would ask for the identity of the restaurant's Commercial General Liability Insurance carrier. You should also sit down with a personal injury attorney in your area to discuss any additional steps that might be necessary in your State.
Answered on Feb 17th, 2012 at 12:06 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you were not injured and your dentition not damaged by biting into the nail, then if the restaurant will pay for your dental bill and give you a $100 or so gift certificate, you should be fine. If you were injured, or your teeth were damaged, then see a lawyer. Remember though, you have four years on the statute of limitations so if you want to wait to see if any additional problems arise, don't wait more than four years.
Answered on Jan 06th, 2012 at 3:32 PM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Seek medical treatment. If no injuries, let it go at that. If you have expenses from the medical, see if restaurant insurance policy will pay for it and maybe kick in a little extra for your inconvenience. Make sure the restaurant is aware so they can prevent it from happening to others in the future. These cases are very tough to prove so you will need excellent witnesses if you are looking to go forward. Go see a personal injury attorney if you think it's worth pursuing. Good luck.
Answered on Jan 03rd, 2012 at 10:02 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You do not give much detail. If you were injured, get copies of your medical records and medical bills and make a written demand for money from the restaraunt. If they ignore you or deny your claim, contact an attorney.
Answered on Jan 03rd, 2012 at 9:58 AM
Litigation Attorney serving Chicago, IL
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Fisher & LaMonica, P.C.
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These types of cases present an interesting legal issue. While biting into something that is unexpected is often traumatic and distressing, many times it does not cause an injury sufficient enough to support a case. When you purchase food at a restaurant, it is implicit that the food should be edible and free of nails. However, in your case the restaurant breached its promise. The next question is, what are your damages? If you spit the thing out, said "gross" and moved on with your life with no injury, you likely do not have sufficient damages that will support a case (that is, unless you can prove someone put the nail there intentionally, potentially opening up punitive damages). If you broke a tooth, cut yourself, and will need a crown and tetanus shots, that is a different situation. I would recommend contacting an attorney to discuss the damages aspect of your claim.
Answered on Jan 03rd, 2012 at 9:57 AM
Bruce Elliott Goodman
If you sustained an acutal dental injury that required dental services you should be able to pursue a claim against the restaurant for your injury. An attorney would be of great assistance in pursuing such a claim.
Answered on Jan 03rd, 2012 at 9:52 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say what your damage or injury was. You should ask the restaurant manager or executive to put you in touch with their insurance carrier. Small claims court may be your answer and that will get someones attention.
Answered on Jan 03rd, 2012 at 9:29 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It all depends on how badly you were injured. If you lost a tooth, then get two estimates for the cost to repair and take them to small claims court.
Answered on Jan 03rd, 2012 at 9:00 AM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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I think that it depends on the severity of the injury. You do not mention whether you were injured or not. I assume you were and that is why you went to the dentist. I would also recommend seeing your family physician especially if the rusty nail broke cut the inside of your mouth. If you haven't had a tetanus shot recently you should talk to your doctor right away. If there are complications or you are not okay then I would contact an injury attorney. I would photograph the nail and send that to the restaurant but I would not give them the nail. If however you were not injured and the dentist has told you that you are fine then I would not talk to an attorney. I think you have done the right thing by bringing the issue to the restaurant's attention.
Answered on Jan 03rd, 2012 at 8:56 AM
Consult with a plaintiff's attorney who handles legal matters against restaurant and other food facilities for specific legal advice and direction. It is not stated whether the nail caused any substantial injury to your mouth and/or teeth. If not, a potential recovery or settlement may be limited.
Answered on Jan 03rd, 2012 at 8:17 AM
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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A claim against the restaurant can be pursued in court. You should first consult with a contingency fee personal injury attorney who can guide and suggest ways to resolve the claim short of trial. The nail caused what damages? How were the damages determined? Do you have witnesses? Did you take pictures of the damage it did to you? The fact that you bit into a nail and the restaurant was negligent, still requires proof of damages before you attempt to settle or litigate.
Answered on Jan 03rd, 2012 at 8:14 AM
Litigation Attorney serving Newport Beach, CA
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Travis K. Siegel
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Do not give the nail to the restaurant. You should talk to your dentist and find out if there is any structural damage to your tooth or teeth. If so, you can either go through with the procedure to get it fixed or get a cost estimate from the dentist and contact the restaurant again to let them know. Either way the restaurant should pay for whatever damage the nail caused. If they refuse to pay, you should contact an attorney. Good luck.
Answered on Jan 03rd, 2012 at 8:11 AM
Personal Injury Attorney serving Spanish Fork, UT
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McKell Thompson Hunter
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Keep the nail and find good witnesses. You will still need to prove your damages. Just because you bit into a nail does not mean you are entitled to receive a settlement. You need to clearly identify how you have been harmed. If you bit into a nail and were not harmed your case will be worth very little. Good luck!
Answered on Jan 03rd, 2012 at 8:10 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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It is hard to see anyone not seeing a rusty nail before putting it in your mouth but a lawyer specializing in food cases maybe able to help you.
Answered on Dec 30th, 2011 at 10:39 PM
Civil Rights Attorney serving Chicago, IL
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Jackowiak Law Offices
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If possible, save the food that contained the nail. Save the receipt. Get witness info (name and address) if you have any. Talk to a doctor. You may well need a tetanus shot. Talk to a lawyer, too. Don't just settle for the responses on this site. We only have a few facts to work with, and better advice will come out of a real discussion.
Answered on Dec 30th, 2011 at 10:37 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Are you injured? Liability is clear, the question is damages.
Answered on Dec 30th, 2011 at 10:29 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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What damage did you suffer? Dental bills, treatment, lost time from work, pain, and suffering are all damages. You need to talk to a lawyer experienced in this type of cases.
Answered on Dec 30th, 2011 at 10:19 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There are several factors to be considered such as how was it that you bit into a rusty nail, were there any witnesses, how did the nail get in to the food, what have you reported so far and What injuries do you have.
Answered on Dec 30th, 2011 at 10:14 PM
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Contact a lawyer to evaluate your claim. You should have done that before contacting the restaurant, headquarters, or dentist.
Answered on Dec 30th, 2011 at 10:07 PM