Is a piece of glass in a pastry something I should really fight at? 14 Answers as of June 13, 2014

I ate a pastry and in one of the bites I noticed something hard and took it out of my mouth. At first I thought it was plastic, then I realized it was a piece of glass. I don't know if I chipped a tooth. I have been in some pain after it has been about 5 hours. What should I expect from this? I was sharing it with my daughter and I am glad she didn't get the bite with it. What if we ate some?

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Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
You have to document injury through a dentist, doctor or photos. No damage equals no lawsuit.
Answer Applies to: California
Replied: 6/13/2014
Zitzmann Law, LLC
Zitzmann Law, LLC | James Zitzmann
You might have a claim for damages if you incurred any actual damages such as medical expenses. However, the hardest part will be proving the damage in your mouth was linked to the pastry. It would depend on what evidence you have and the circumstances of the incident.
Answer Applies to: Louisiana
Replied: 6/13/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.
Answer Applies to: California
Replied: 6/12/2014
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
A "foreign substance" in food is a breach of the contract for the purchase and sale of the food, and it is a breach of the warranty of fitness for purpose intended. However, if no injury, it is not worth enough to justify retaining a lawyer.
Answer Applies to: Michigan
Replied: 6/12/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It appear damages which you sustained were minimal. If you actually chipped tooth then the purveyor of the pastry would be potentially liable for its repair. If the incident has been properly documented you should go to the responsible bakery and ask for some compensation for your damages as well as a new pastry. It is doubtful engaging an attorney for this, unless there were additional and provable damages, would be economical. You can only recover your actual and provable damages.
Answer Applies to: Michigan
Replied: 6/12/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    The question is whether you were hurt? You should get checked out to make sure there are no serious. Let the the people from whom you purchased the pastry know about the problem. They would owe you a refund and probably something else for the slight injuries.
    Answer Applies to: Alabama
    Replied: 6/12/2014
    Gates' Law, PLLC | Thomas E. Gates
    You need to file a claim with the place that you purchased the pastry. You injury was very minor, but the end result could have been worst. They will offer you a cash settlement. This settlement must pay for any medical and dental work that need. Also, seek free food from the establishment.
    Answer Applies to: Washington
    Replied: 6/12/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    I suspect your imagination is working overtime right now. wait and see if you have any genuine injury, get to the ER if you think so.
    Answer Applies to: North Carolina
    Replied: 6/12/2014
    You should consult your dentist to confirm or refute that you suffered a chipped tooth and, if so, the cost of as repair. If the repair cost is substantial that, together with the pain, might justify filing a small claim ($5000 is the present limit for small claims). It does not appear from what you stated, that your claim, if any, is likely to exceed the small claim limit. While anxiety from the experience, especially if it requires psychological treatment, might have some value as damages, the courts generally do not award damages for what might have happened, but didn't.
    Answer Applies to: Michigan
    Replied: 6/12/2014
    Elhart & Horvath, P.C.
    Elhart & Horvath, P.C. | Mattias Johnson
    What you need to be concerned about is determining what are the damages in your case. Basically, if you can prove that you were injured to such a degree that justifies your time and possible expense in litigating the claim, then a claim may be warranted. If it is just a minor toothache that goes away and you are not in any way mentally scarred, you may just want to let this one go. Many attorneys will take on personal injury cases on a contingency basis, meaning that they only make money off of what they recover for you in your case. Often times, the damages in these cases are emotional harms, but this is typically when something very grotesque is found in a food item. A piece of glass probably does not rise to the level of harming you emotionally to a point where a court would feel it necessary to punish a pastry shop. If your injury gets worse, you should probably talk to an experienced attorney, and consultations are often free of charge anyways.
    Answer Applies to: Michigan
    Replied: 6/12/2014
    Penglase & Benson, Inc.
    Penglase & Benson, Inc. | John Benson
    We see a lot of cases like this. First, you should alert the restaurant to the problem so that they can take measures to make sure no one else is hurt. Hold on to the foreign object, don't give it to the restaurant. Its evidence and it will disappear quickly if you don't hold on to it and preserve it in the state you found it in. Next, get checked out by a doctor. If you are injured you will need to get medical attention. You should do this no matter what the pain level as you deserve to know exactly how bad the injury is. Tell the doctor what happened and ask him or her if they can link the injury directly back to the chewing of the foreign matter. If they can't, you will have a hard time proving damages and sustaining a claim. If they can, you have a claim. At that point you should contact an attorney to discuss what options you have.
    Answer Applies to: Pennsylvania
    Replied: 6/12/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    "What if" and "don't know" are of no legal significance. You don't know if you chipped a tooth. Well, if you don't know, then you can't prove it. If you can't prove it, you have no basis for establishing liability. If you can't establish liability, then you cannot make any claim. "What if" means "didn't happen". You can't make a claim for what didn't happen.
    Answer Applies to: New York
    Replied: 6/12/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The seller of the defective product ( pastry) is responsible. The question will be if your damages or injury is sufficient to make a claim worthwhile.
    Answer Applies to: Connecticut
    Replied: 6/12/2014
    Maria Zarakhovich | Maria Zarakhovich
    If you are in pain you need immediate medical attention. IF you suffered an actual injury you may have a case. If you did not, you should complain to the manufacturer anyway.
    Answer Applies to: Florida
    Replied: 6/12/2014
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