Can I sue a company for choking on a piece of glass? 22 Answers as of April 25, 2013I was dining in the restaurant when I choked on a piece of glass that was found in my food I threw it up and I still feel like there's parts of glass inside my throat and my doctor say that I did have cuts in my throat. Is there anyway I can sue the company that served me this food?
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Well, if you bought food expecting it to be fit for consumption, and if there was a foreign substance in it, then you can sue. However, you need to have the substance so you can prove what it was. Example: You bite into a piece of cherry pie and break a tooth on a cherry pit. Probably no case, because cherries have pits. However, if you break your tooth on a rock, there would be a case because rocks are not found in cherries.
Answer Applies to: Michigan
The Lucky Law Firm, PLC | Robert Morrison Lucky
Other than your vomiting, did you suffer any other medical problems? You may sue the restaurant, but the question becomes how significant are your damages. If you did not incur more problems or significant medical expenses, then you would not have a strong case. Furthermore, you would have to prove that the restaurant either knew of the glass or should have known of the glass and did nothing to prevent it from making its way into food and ingested. Please feel free to contact my office to discuss further.
Answer Applies to: Louisiana
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You can sue for breach of contract perhaps, breach of warranty of fitness. Doesn't sound like you were hurt bad and so your damages will be very small. You might be better off trying to get the insurance co to pay a small payment and get on with your life. Damages are the key to all cases.
Answer Applies to: North Carolina
Mishkind Law Firm, Co., L.P.A. | Howard Mishkind
If you reported the incident to the restaurant and can prove that the glass came from food you ingested you can sue the restaurant. Make sure that you consult with an attorney as to the value of the claim. Sometimes you may be better off contacting the restaurant and talking to the insurance company for the restaurant to reach a settlement so as to avoid the attorney fees. Make sure that you collect all medical bills and discuss the injury and the impact of the injury with the attorney you consult with. The insurance company should be happy to resolve the case with you directly if your injuries are not too serious and you do not hire an attorney.
Answer Applies to: Ohio
Andrew T. Velonis, P.C. | Andrew Velonis
Yes. Get a lawyer in your area immediately. Do not talk to the insurance company for the restaurant. Find out if your Dr. thinks you will need any follow-up treatment. From what you describe, it does not sound like a big case, but it does look like one worth pursuing.
Answer Applies to: New York
Lombardi Law Firm | Steve Lombardi
Food contamination cases are traditionally difficult to prove because many people make false claims and it's difficult to prove chain of custody issues involving the object. Now if you still have the glass shard and can link it up with something that broke in the kitchen of the restaurant, then maybe you have a good case.
Answer Applies to: Iowa