What would you suggest I do now? 25 Answers as of February 17, 2012

If you were not injured and your dentition not damaged by biting into the nail, then if the restaurant will pay for your dental bill and give you a $100 or so gift certificate, you should be fine. If you were injured, or your teeth were damaged, then see a lawyer. Remember though, you have four years on the statute of limitations so if you want to wait to see if any additional problems arise, don't wait more than four years.

You should call an attorney. RCW 7.72 expresses the current state of statutory law regarding product liability in the State of Washington. http://apps.leg.wa.gov/RCW/default.aspx?cite=7.72. Case law from the courts can clarify the product liability cause of action. McKenna v. Harrison Memorial Hosp., 92 Wn. App. 119, 960 P.2d 486 (1998) (You can read appropriate cases on the MRSC website.) Federal law can also sometimes be applicable to a products liability case. The basic question is whether the product was not "reasonably safe." You should probably speak with an attorney to discuss the particular details of your situation.

Seek medical treatment. If no injuries, let it go at that. If you have expenses from the medical, see if restaurant insurance policy will pay for it and maybe kick in a little extra for your inconvenience. Make sure the restaurant is aware so they can prevent it from happening to others in the future. These cases are very tough to prove so you will need excellent witnesses if you are looking to go forward. Go see a personal injury attorney if you think it's worth pursuing. Good luck.

You do not give much detail. If you were injured, get copies of your medical records and medical bills and make a written demand for money from the restaraunt. If they ignore you or deny your claim, contact an attorney.

These types of cases present an interesting legal issue. While biting into something that is unexpected is often traumatic and distressing, many times it does not cause an injury sufficient enough to support a case. When you purchase food at a restaurant, it is implicit that the food should be edible and free of nails. However, in your case the restaurant breached its promise. The next question is, what are your damages? If you spit the thing out, said "gross" and moved on with your life with no injury, you likely do not have sufficient damages that will support a case (that is, unless you can prove someone put the nail there intentionally, potentially opening up punitive damages). If you broke a tooth, cut yourself, and will need a crown and tetanus shots, that is a different situation. I would recommend contacting an attorney to discuss the damages aspect of your claim.

If you sustained an acutal dental injury that required dental services you should be able to pursue a claim against the restaurant for your injury. An attorney would be of great assistance in pursuing such a claim.

You need to hire an attorney that will further advise you on how to preserve your rights and demand an amount from the restaurant/insurance company on your behalf. It will be wise to get evaluated by the dentist to determine and treat you for your injuries.

You need to present a claim to the insurance carrier. However, without legal training you probably do not know what items of damage you are entitled to recover. Therefore, any personal injury settlement reached on your own without the help of an attorney is likely to be low, and might not fully compensate you. Seek a personal injury attorney to evaluate your claim.

You did not say what your damage or injury was. You should ask the restaurant manager or executive to put you in touch with their insurance carrier. Small claims court may be your answer and that will get someones attention.

Ask the restaurant to pay for your dental expenses.