Q: A friend of mine was eating at a restaurant and after she took a bite of her burger she got a sliver of broken glass stuck in the roof of her mouth. It broke off and she had to have it dug out. She wants to sue for medical bills and a small personal claim for not feeling safe to eat out anymore. Can she do that? She's asking for $10,000 total. The incident happened a week ago, and she said she filed a complaint.
--Skie, Newalla, OK
Attorney Cliff Horwitz:
Under Illinois personal injury injury law, she could sue for pain and suffering and disability. She probably could not sue for the "fear of feeling safe to eat out", unless the attorney can make that part of the pain and suffering claim.
If this is a matter where she has to seek a psychiatrist's help because of the magnitude of the fear, then it probably could be claimed. Making a claim is one thing. Winning is another. Get a lawyer. The restaurant will fight you.