Can I sue a company for choking on a piece of glass? 22 Answers as of April 25, 2013

I 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?

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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
Replied: 4/25/2013
Curry, Roby & Mulvey Co., LLC
Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
Yes. It sounds like you have a good case, although you should expect the restaurant to claim it had no notice of the glass and that it must have been in the food from its supplier.
Answer Applies to: Ohio
Replied: 4/23/2013
The Lucky Law Firm, PLC
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
Replied: 4/23/2013
Beach Whitman Cowdrey LLP | Eric S. Emanuels
Yes . You must file a lawsuit, how ever, within one year of the injury.
Answer Applies to: California
Replied: 4/22/2013
Law Office of Bradley S. Freedberg, PC | Bradley S. Freedberg
Yeah - if you can show where the glass came from you are in the game for having a case.
Answer Applies to: Colorado
Replied: 4/22/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, you can sue. Contact a personal injury attorney. If you have no permanent injury, you may want to handle it yourself in small claims court.
    Answer Applies to: South Carolina
    Replied: 4/22/2013
    Paul Whitfield and Associates P.A.
    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
    Replied: 4/22/2013
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    Answer Applies to: Illinois
    Replied: 4/22/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Yes the restaurant owner has a duty to sell wholesome food. You better preserve the evidence (the glass). There are multiple claims and coverages which may be exposed.
    Answer Applies to: Virginia
    Replied: 4/22/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, for the medical expenses and other losses proven.
    Answer Applies to: Michigan
    Replied: 4/22/2013
    Mishkind Law Firm, Co., L.P.A.
    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
    Replied: 4/22/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The matter may well be pursuable.
    Answer Applies to: Michigan
    Replied: 4/22/2013
    Andrew T. Velonis, P.C.
    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
    Replied: 4/22/2013
    Lombardi Law Firm
    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
    Replied: 4/22/2013
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, and hopefully you still have the glass. In Florida we have a law that allows you to bring a claim for adulterated food products.
    Answer Applies to: Florida
    Replied: 4/22/2013
    Law Offices of Maxwell Charles Livingston
    Law Offices of Maxwell Charles Livingston | Maxwell C Livingston
    Likely, yes (as that is clear negligence that endangered your life; moreover, it's unclear whether there are continuing damages).
    Answer Applies to: Wisconsin
    Replied: 4/22/2013
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