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Foreign Objects in Food Lawsuit | Dental Damage Injury Attorney

 

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:

  • McDonalds
  • Subway
  • Taco Bell
  • Dell Taco
  • Burger King
  • Wendy’s
  • Jack in the Box
  • KFC
  • Panda Express
  • Chipotle
  • Papa Johns
  • Pizza Hut
  • Dominoes
  • 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.

Further Information:

Food Poisoning Lawsuits

Statute of Limiations for Filing a Food Related Injury Claim 

COMMENTS (15)
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I am still experiencing paid after eating a burger at Overlake Hospital. I showed the manager a bone I took out of my mouth after experiencing jaw and tooth pain. He kept the bone fragment and have me his card should something arise.

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While eating at Denny’s restaurant, a country fried steak, I bit on a very large piece of bone, taking my filling out along with part of my tooth, ended up with a root cannel and around 3,000 dollars of dental bills. Am I entitled to reimbursement of dental costs plus compensation ?

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I ate a hershey candy bar with almonds. I was chewing and felt pain and noticed there was something way harder than an almond in the candy bar. I also.felt small bits of my teeth in my mouth. I spit the items out and there were 2 very hard, small red objects in the candy. Size of fish tank rocks. Not sure if they were glass or plastic. I called the Hershey company in the morning and they said it was probabally almond fat. They sent me a return envelope so i can send the evidence back to them. Now this doesnt seem wise to me. What should i do? I have not yet been to the dentists for i do not have health insurance. How do i make sure .they pay? Should i contact an attorney?

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Bought a bag of pork grinds half way thru bag I suffered a chipped front tooth do to a bone that was attached to a pork grind,causing me pain in my still,baken-ets was the bag of pork grind company is this law suitable!!

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My tooth broke in pieces after what I thought was a bone ended up being my tooth from eating corn nuts and another tooth is also chipped. Is this lawsuit worthy?

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A month ago I was eating a soft shell taco from taco bell, bit into it and found out I had started chewing up pieces of bone in the meat and broke my back molar. Contacted the Manager and got me in touch with their insurance. I had to end up getting the tooth removed by the dentist. Their insurance in only wanting to cover the dentist bill, not wages lost for the days I had to miss work form going to the dentist. Should they not cover that too?

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On July 08 2017 Approximately at 0947pm. My wife and myself we stop to buy two sandwiches at McDonald’s. We order the sandwiches to take home. When we arrived home we sat down at the table and I begin chewing the burger. When all the sudden I fell a piece of metal inside my mouth. When I open my mouth. I saw the piece of metal and a piece of my tooth broken in two pieces. I immediately informed the restaurant about this incident that happened to me. Right now I feel a lot of pain on my tooth.

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Yesterday Friday July 21 2017 I orders a carrie out from a Chinese resterants. I was eating my daughter’s leftovers when I bit in to some hard I spit it out and found a medal pin with a girl at the end of it it was thicker then a pin my back tooth had shatter/crack about almost half of my tooth. I called the resterant and spoke to a manager she said it sounds to be what they use to clean there works or part of there striner she ask if I was ok or in pain I said it’s sore but my took is cracked. And that was about it I said I’ll have to go to the dentist and keep them imfored what’s going on I wanted them to be aware of it she said ok let them no what’s going on. Of course the dentist is closed now and I don’t think there opened on saturdays.What do you think I should do?

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I also had an experience at a Dennys restaurant. I had ordered Tilapia fish and waited squash. Started eating and felt/heard a crack. Small metal screw was in my food. One upper molar was significantly cracked. I also removed a piece of my cracked tooth. Dennys did complete a occurence form and insisted on keepong both the chipped tooth and the screw. I had friends present with me who witnessed all of this. Thankfully one of them told me to photograph the screw and chipped piece which I did. Thank goodness. I have been to my dentist and it will require a crown. I want not only the tooth repaired but also compensation for pain I have already had and what is to come at the dentist. Also want to consider future dental work as crowns do not last a lifetime. Any advise would be welcomed.

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Hi,
Just wondering what ever came of this for you? I’ve bitten into a really hard plastic like M&M, and my tooth broke ! I’m trying to figure out if I need to find an attorney.

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I broke out a front tooth Saturday, Aug 26th on a Panera Bread Frontega Chicken Panini sandwich, which is supposed to be boneless! I had emergency oral surgery (over $2200 so far-the nerve was exposed and the tooth could not be saved). The tooth broke at the gumline (dentist said no signs of decay or infection there at all so it was NOT “ready to break” as Panera said.) As this happened Saturday evening, I had to cope with the intense pain until the oral surgery Thursday morning. It was eased somewhat by RX pain meds given me on Aug 28 at my emergency visit. This appeared to be bone in my sandwich and would have been the SECOND time there was bone in this same sandwich when I got it. Their insurance person told me I have NO claim as bone is inherent to chicken and is not considered a foreign object. Is this true? What I’ve read online says otherwise for California. I don’t believe their claims adjuster was honest with me as what she said differed so much from what I am reading on legal websites! Help! This is costing me nearly $3,000, It will take 4+ months for the implant and several weeks after that for the abutments and then later the crown. I will be toothless for about 6 months and will have to change our plans for Thanksgiving and Christmas and a trip we planned because I can’t even eat with the “flipper” in. The flipper is a denture piece they are making me that has 1 tooth, but you can’t eat, drink or sleep with it in. This is really a big issue for me because of the time and expense involved. Hope you can help. Is that claims adjuster lying to me? Kathy

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Where are you located? Do you accept contingency basis for a chipped tooth case? The defendant is Hyatt hotel. The insurance company has already accepted liability. Please get back to me, I prefer e-mail as a means of communication at this stage. Thanks,

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