Is a restaurant liable for a broken tooth injury caused by something in their food? 42 Answers as of June 10, 2013

Is a restaurant owner responsible if I break a tooth on something that should not have been in the food?

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Law Office of Dewey N. Hayes, Jr., PC
Law Office of Dewey N. Hayes, Jr., PC | Dewey N. Hayes
Probable -jury question - involving litigation - requiring dentist deposition or testmony in magistrate court that the broken tooth was caused by biting or chewing the inedible object . testimony of costs to repair tooth or replace with denture .
Answer Applies to: Georgia
Replied: 7/16/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Whether a restaurant is liable for foreign items in their food usually depends on what the item is and how it got in their food. If it is something metal like a screw or a staple or something and the restaurant workers accidentally put it in the food you may have a pretty good case. If it is a bone and you were eating a hamburger it is harder to say that the restaurant is liable. It is also difficult to prove who is liable if there is no way to prove from where the item originated. You may have a claim depending on the facts of your case. You should contact an attorney in your area and that attorney can give you a better idea once he or she hears all of the facts.
Answer Applies to: Oregon
Replied: 7/15/2011
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
It depends what was in the food and who's fault that it was there. I would need to know more about it to advise you.
Answer Applies to: Massachusetts
Replied: 7/14/2011
Law Offices of Steven A. Fink
Law Offices of Steven A. Fink | Steven Alan Fink
If it is a foreign substance that does not belong in the food they are liable.
Answer Applies to: California
Replied: 7/14/2011
David Hoines Law
David Hoines Law | David Hoines
Yes.
Answer Applies to: Florida
Replied: 7/14/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Generally speaking, yes, as long as it is a foreign object like a nail, piece of metal, etc.
    Answer Applies to: Georgia
    Replied: 7/14/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    A restaurant may be liable for foreign matter found in the food that is a result of their negligence. Some kinds of objects may be there due to the nature of the food, and may not be grounds for liability-things like a bone perhaps, or a pearl found in an oyster. The restaurant may be liable for negligence in preparation or serving of the food if foreign matter not natural to the food has found its way onto the customer's plate and causes damage.
    Answer Applies to: Louisiana
    Replied: 7/14/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    Yes, if you can offer proof of what happened and the injury that occurred.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Depending on what it is, they probably are. First of all, definitely save whatever foreign object that was in your food which caused your tooth to break; without that object, you probably could not sustain a claim against the restaurant. If it is something that is ordinarily not found in food, then you would have a good chance at prevailing in such a claim.
    Answer Applies to: Florida
    Replied: 7/14/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Absolutely liable. You don't even have to show they were negligent. You should retain the foreign substance.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Personal injury cases involving restaurants and problems with food are fairly common. The restaurant has a high duty of care to its patrons and that duty includes serving food that is fit for consumption. If your injury was caused by something in the food that should not have been there, say a rock or glass, the restaurant is most likely responsible. Hopefully, you reported the injury at the time and kept the object that caused the broken tooth. You should also make sure that the dentist has the correct history concerning the cause of the injury. Good Luck.
    Answer Applies to: Virginia
    Replied: 7/14/2011
    Law Offices of Tom Patton
    Law Offices of Tom Patton | Thomas C. Patton
    Yes. If you have good evidence, you can prevail on this claim. I handled a claim exactly like this successfully when a client was witnessed by the restaurant served biting down on a pitted cherry that, low and behold, had a pit. It was not a big claim, but we obtained payment for the dental bills and compensation for pain and suffering. You should consult a local attorney.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Law Office of Garrett S. Handy
    Law Office of Garrett S. Handy | Garrett S. Handy
    The short answer is yes, the restaurant is liable if there was some foreign object in the food that caused you to break your tooth.
    Answer Applies to: Utah
    Replied: 7/14/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    You can certainly make this claim, although liability is often disputed. I have seen cases like this where the restaurant denies the object was in the food when it was delivered to the table, thus implying that the claimant put it there to create a fraudulent claim. Hopefully that is not the scenario in your case. If you immediately reported it when it happened, the object was preserved (not thrown away) and you have some credible witnesses, you should be able to make this claim successfully.
    Answer Applies to: Texas
    Replied: 7/14/2011
    Law Offices of John J. Ferry, Jr.
    Law Offices of John J. Ferry, Jr. | John J. Ferry, Jr.
    Possibly, but it will likely depend on the details. You should discuss this with a personal injury attorney.
    Answer Applies to: Pennsylvania
    Replied: 7/14/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Sheldon J. Aberman
    Typically, a restaurant owner is liable for a broken tooth injury caused by something that was contained in the food they served. However, your ability to recover damages can depend on the type of item found in the food, the food in which the item was found, whether you reported the incident and whether or not you still possess the item found.
    Answer Applies to: Illinois
    Replied: 7/14/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    ou may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
    Answer Applies to: Illinois
    Replied: 7/14/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, it can be. Did you report it and have what caused the injury? That will be the difficult aspect of your claim.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Offices of H. Christopher Coburn
    Law Offices of H. Christopher Coburn | H. Christopher Coburn
    It depends what it is. If it is something that occurs naturally like an olive pit, probably not.
    Answer Applies to: California
    Replied: 7/13/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Yes but depends on object and your prior teeth conditions.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    A restaurant is generally strictly liable for injuries resulting from hazards in their food. That means you don't even need to prove negligence. You just need to be able to prove that the injury occurred because of something dangerous in the food they served you (e.g., foreign object in the food). You should consult with a personal injury attorney in your area most will offer free consultation to discuss the specifics.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Very possibly. Speak to a lawyer.
    Answer Applies to: Florida
    Replied: 7/13/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    The short answer is yes, if the item that caused your tooth to break was not an inherent item in the food. Example, a piece of glass or a stone is not inherent in any food. A chicken bone in a chicken quesadilla would be, even if you dont really expect a check bone in a quesadilla.
    Answer Applies to: California
    Replied: 7/13/2011
    Coulter's Law
    Coulter's Law | Coulter K. Richardson
    Yes a restaurant is liable for a broken tooth if there are foreign objects in the food. The question is not whether they are liable, the question is whether you can prove the foreign object came from their food.
    Answer Applies to: New Jersey
    Replied: 7/13/2011
    Law Office of Travis Prestwich, PC
    Law Office of Travis Prestwich, PC | Travis Prestwich
    Yes. Oregon has a special statute that governs these claims.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Yes, it can be difficult case but the restaurant can be held responsible. There are some issues with this case but it is possible to sue on these facts.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
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