I Injured Two Teeth on Restaurant Food
Defective Products,FAQ,Personal Injury - August 31, 2015 by Horwitz, Horwitz & Associates
Question:
I was eating in a restaurant when I felt a crunch in my mouth. I had bitten into a bone fragment. I got an injury report, but had to approach a District Manager for help concerning the filing of the report.
I have seen a dentist and I need $2700 worth of work on two teeth and this happened on May 28, 2002. I have been contacted by their insurance saying they have no liability but to repair my teeth. They of course not said too much either, willing to reimburse me but slow to respond as of yet.
–William, Harriman, TN
I have seen a dentist and I need $2700 worth of work on two teeth and this happened on May 28, 2002. I have been contacted by their insurance saying they have no liability but to repair my teeth. They of course not said too much either, willing to reimburse me but slow to respond as of yet.
–William, Harriman, TN
Answer:
Products liability law in most states permit you to recover against the seller of a product if that product was unreasonably dangerous. Hence, the question is, was this food unreasonably dangerous? It sure sounds like it to me. Some aren’t supposed to have bones in them as I know. Hence, you have a claim in most states. I cannot speak for TN law however. I know the state has turned more conservative Republican lately and generally the Republican line is that the injured people deserve nothing, their lawyers deserve nothing and the ones who injure them deserve more power and immunity. Hence, I don’t know the situation in TN.
I suggest you file a small claims court case. Its like the people’s court on T.V. You do not need an attorney. Call your local court house to find out about it. Ask them what is the maximum award you can receive under the court rules. Usually it is somewhere between 1500 and 5,000. If its only 1,500, you will need to file in a higher division and probably would have to get a lawyer.
The whole question comes down to: Was their really a bone in the food? The restaurant will call you a “greedy liar”. They are good at that. You will be the victim of prejudice against victims. If you can convince the court that there was a bone in there, I believe you will prevail. The Court can accept your sworn testimony as proof. It would be better if you actually kept the food or have a witness also. If you have no permanent injury and the restaurant is willing to pay the medical bills, you may want to consider that option. The advantage is that you can avoid years of litigation, attorneys fees and the like.
I suggest you file a small claims court case. Its like the people’s court on T.V. You do not need an attorney. Call your local court house to find out about it. Ask them what is the maximum award you can receive under the court rules. Usually it is somewhere between 1500 and 5,000. If its only 1,500, you will need to file in a higher division and probably would have to get a lawyer.
The whole question comes down to: Was their really a bone in the food? The restaurant will call you a “greedy liar”. They are good at that. You will be the victim of prejudice against victims. If you can convince the court that there was a bone in there, I believe you will prevail. The Court can accept your sworn testimony as proof. It would be better if you actually kept the food or have a witness also. If you have no permanent injury and the restaurant is willing to pay the medical bills, you may want to consider that option. The advantage is that you can avoid years of litigation, attorneys fees and the like.
