When a restaurant fails to properly inspect its food serious injuries can result. In certain cases this can be food illnesses i.e. salmonella and in other cases it can dental damage. This occurs when the operators of the establishment fail to properly inspect or clean the food served to their guest. In such cases this will cause them to suffer extensive dental damage and in some cases nerve damage. If you were injured you have a right to get compensated for your injuries. Compensation will depend on a lot of different factors. Make sure you seek proper counseling before making any statements.
Who Can I Sue for Injuries Caused by Foreign Objects in Food – Establishing Liability
Who is liable for foreign objects in my food? What is considered a foreign object? Generally this is considered anything other than what you expected to chew on. It would not apply to a bone found in a chicken as this is expected. But it would apply to a large sea rock found in tuna fish. Or it would apply to a knife found in a sandwich.
Generally the establishments are help strictly liable for the damages. It is not a discussion of liability, more a discussion of damages. While there will be a certain investigation with regards to how the accident happened, liability is generally very clear. If the guest/patron consumed any product/food and suffered dental damage the establishment would be liable. Again, you will need to prove how the accident happened and that it was in fact caused by foreign object. Insurance companies will also require in certain cases that you prove the object was there before you made the purchase.
It is important to not get caught up in this back and forth with the insurance company. It is their intention to deny your claim, so be very careful with regards to what information you are required to provide them. You are NOT required to make any statements to them with regards to your injuries. Make sure that an attorney is consulted before you speak with any insurance company.
Compensation For Injuries – Average Case Settlement Value: So what is my case value? Evaluating a case value is difficult unless you know all of the variables. Here are some things to consider for your case. First, what type of damage did you suffer? Is it a complete loss of the tooth? Which tooth was damaged? If the entire tooth was damaged and will require surgery to repair, it is likely given a different value as one with a minor crack. Additionally, where did the injury occur? Was it in the front of your mouth or back? If it is a front tooth your exposure can be increased. In such cases it is not simple to conceal the damage.
These are all factors that are considered in assigning case value. Also, consider that a case depends on the extent of your damages. How much harm was caused? What type of emotional distress did you sustain as a result of the accident? These are all factors to be considered when evaluating case value.
It is important that we have any damage evaluated by the right professional in order to get a proper estimate of repair work. All of our dentist and doctors will see you on a medical lien allowing you to get the best medical care, without having to pay up-front out of pocket expenses.
Any one of the following restaurants could be held liable if you find a foreign object in your food:
- Taco Bell
- Dell Taco
- Burger King
- Jack in the Box
- Panda Express
- Papa Johns
- Pizza Hut
- Fat Burger
Steps I Should Take if I am Injured by a Foreign Object in My Food
There are a few steps you should take with reference to your claim.
First: Make sure you document the incident. This includes taking photographs to make sure the incident is properly documented.
Second: You should make sure that the establishment is made aware of the issue. This will include actually letting them know of your injuries. Do not leave the restaurant until you have reported the incident.
Here are some additional tips for your case.
- Make sure to look around. See if you notice any surveillance cameras, they can be beneficial to helping establish liability in your case.
- Also, make sure you pay for your bill with a credit card so that you can prove you were actually there. It is also important to take note of all the people whom you spoke with.
- Ask the establishment whether they carry insurance. If so make sure you obtain that info from the.
- Speak with a personal injury lawyer about your accident.
- Make sure you understand what the extent of your injuries are. This may require x-rays and scans to check for certain cracks. In some cases this can be repaired with a crown, but in other cases surgery may be required. If you have been injured know your rights.
Attorney Assistance: The Downtown L.A. Law Group has handled a number of cases involving foreign objects found in foods. If you have been injured contact our offices for a free case evaluation. Our office will help you better understand the extent of your injuries while helping you get the compensation your deserve.