Can "fear of eating out" be part of a Lawsuit After Injury at a Restaurant?

 

Question:

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

Answer:

Under Illinois personal injury injury law, she could sue for pain and suffering and disability. She probably could not sue for the ā€œfear of feeling safe to eat outā€, 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.