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

        150 150 Clifford Horwitz

        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 “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.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz