Can you lawsuit restaurant for having glass in their food? 19 Answers as of June 10, 2013

While eating a beef stew at a restaurant. I chewed on something really hard that hurt my tooth. And served the light headache I had. I spit out my food to see what it was. (I thought it was a piece of bone) but when I saw. It was glass. We called the manager to report what happened and she took picture of glass on my hand. The human resource worker was there too. Just took notes(in a note book) and information (no form filled out, and anything giving to us, to sign). They just reimbursed our money of food and said they where very sorry. We explained the part that worried us the most was that we where feeding our special need child the same food. He has cerebral palsy and doesn't speak or chew his food. What if he swallowed a glass already and we didn't even know. Can we sue them?

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LT Pepper Law
LT Pepper Law | Luke T. Pepper
You can sue them but you would need to show a definitive injury to your child.
Answer Applies to: Pennsylvania
Replied: 5/27/2011
Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
You may have an action against the restaurant however, your action will be limited to the actual damage that you suffered. I would seek out the advice of a personal injury attorney to learn more.
Answer Applies to: Indiana
Replied: 5/25/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, you can sue if there was any damage or injury and sometimes even if you just found the glass in the food. I suggest you speak to a personal injury attorney right away. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Probably, but your damages are set by the extent and duration of injury. If you made an immediate recovery, then there probably wouldn't be a lot at stake. However, if your child was injured, you would need to do the same analysis. Stay well.
Answer Applies to: Alabama
Replied: 5/11/2011
David Hoines Law
David Hoines Law | David Hoines
Someone has to be hurt. You should know if child hurt.
Answer Applies to: Florida
Replied: 5/11/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    You can sue an establishment for glass in the food, however, there must be damages from the incident. You can't collect for, What if something happened.
    Answer Applies to: Virginia
    Replied: 5/11/2011
    Dearbonn Law Offices
    Dearbonn Law Offices | Ajibola Oluyemisi Oladapo
    Absolutely, you can sue them. You may file personal injury claims for hurting your tooth and tort claims for negligence, restaurants are held to higher standards of care which has been breached in this case. Please note that this answer is not legal advise. You may need to contact an attorney to pursue this claim.
    Answer Applies to: Washington
    Replied: 5/10/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You can sue for whatever damages were caused. Damages are usually medical bills, lost wages, and pain and suffering. From what you have described, you do not have sufficient damages for most attorneys to take the case. I realize that you are concerned that your son may have ingested some glass, but there is no suit there unless you can provide some evidence that he actually did ingest some glass, and that he has some injury that would cause medical bills to be incurred or pain and suffering.
    Answer Applies to: South Carolina
    Replied: 5/10/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    It is very difficult to prove your case and the damages are low, therefore very difficult to obtain the services of a personal injury attorney. You can sue in small claims.
    Answer Applies to: California
    Replied: 5/10/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    Yes, you can sue for whatever injuries were caused. But it is not clear, what the injuries are. You should discuss with doctor.
    Answer Applies to: Delaware
    Replied: 5/10/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You do have a cause of action.
    Answer Applies to: Connecticut
    Replied: 5/10/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    I would think you could if you could prove he swallowed glass.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. The real issue is do you have any damages. You may sue and win but get very little if any money. Talk to a local PI lawyer. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
    Answer Applies to: Alabama
    Replied: 5/9/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You are overlooking the most important thing. You have to prove that the mistake caused some damage. If you cant prove that you have nowhere to go. Ask a doctors advice if you aren't sure whether the child is hurt or not. It is unlikely since the glass if any there was would have been excreted by now.
    Answer Applies to: North Carolina
    Replied: 5/9/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, you can always bring a claim against them, but in the absence of being able to prove you were actually damaged, you'll be doing good if you get a gift card or certificate from them. When I first got out of law school, the same thing happened to me. I had picked up a BLT sandwich from a local sandwich shop and had taken it to a friend's house to eat it. When I thought the bacon was a little bit too crunchy, I spit it out and discovered it was glass. Luckily, the friend was a physician, a pediatric cardiologist, and he told me that I should eat a lot of fiber, so I stuffed myself over the next few days with everything one can consider fibrous. At his suggestion, I took a stool specimen to a laboratory for about a week, to make sure there was no blood in my stool. Luckily, there was no blood, but I spend about $150 on the testing, in addition to the embarrassment of having to carry in a little stool specimen to the lab every day. I sent a letter to the restaurant, informing them of what had happened, with a confirming statement from my physician friend who had seen the glass, as well, and asked them to send me whatever they felt was appropriate to compensate me for the laboratory bills and the embarrassment. If I remember correctly (this was over 25 years ago) they sent me a check for something like $1,500.

    The bottom line is that if you did not go to see a doctor (luckily, I was having lunch with one) and if you didn't incur any expense as I did with the lab bills, then while you can certainly bring a claim, it's not going to be worth much. In the letter I sent (which was on my letterhead) I told them I was not going to sue them, but it had been a concern and an inconvenience, and I was OK with the check they sent me.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes. You need to call personal injury attorney.
    Answer Applies to: Florida
    Replied: 6/10/2013
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes you can sue, but the question is what are your damages? I am handling one of these type cases now and the plaintiff broker her teeth on a rock in her food. Without any real damage its not worth it. The test for liability is whether the object is something that could be found in the meal you were eating. Obviously glass or rocks are never expected whereas a bone could be expected. If you have not done so already, contact an urgent care facility to inquire whether there could be any potential internal injuries to your child from swallowed glass (and obviously tell them of his cerebral palsy). Ask if an x-ray would depict glass. I just had a case where a denture was swallowed and they took x-rays only to later find out that such an object would not appear on an x-ray. If you need an x-ray or MRI to determine if your child swallowed any glass, the restaurant should pay for it (or their insurance carrier).
    Answer Applies to: California
    Replied: 5/9/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    There must be two things when you sue someone for injury fault and damages. Fault here is pretty clear, but damages aren't. Without proof of actual injury, there isn't really a basis for valuing the loss. I have a specials needs child, so I can empathize with you not knowing whether they are hurt or not. But you don't want to run headlong into a claim until you are sure someone has a demonstrable injury.
    Answer Applies to: Washington
    Replied: 5/9/2011
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