What should I do if I was injured at a restaurant? 24 Answers as of August 29, 2011I found a bone in my meal. I took it back then after looking at it, they gave me a piece of paper to write my info on. Then gave me my money back. I forgot to take a picture but I have my phone record the receipt and managers information. My gums are starting to swell and they hurt.
Law Offices of Richard Copeland, LLC | Richard Copeland
From what you've described, your damages probably don't warrant legal action. A better solution might be to ask if the restaurant has medical payments coverage. That is a type of no fault insurance coverage intended to cover the medical bills of someone injured on an insured property or by an insured activity
Answer Applies to: Colorado
The Lucky Law Firm, PLC | Robert Morrison Lucky
From your inquiry, it looks as though you found a bone in your meal. However, I did not gather that you placed the bone in your mouth or that the bone made contact with your gums. In order to be successful in a lawsuit or claim, you must prove that the negligence of the restaurant caused your injury. In order to that you must prove that the bone you found caused your injury. There are also several other things that you must prove in order to be successful.
Answer Applies to: Louisiana
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Not enough information here. Found as bone. What have swollen gums got to do with bone. Finding a bone is not usually negligence in any event. Foodstuffs which have bones are sometimes served in restaurants. What is the connection between a bone and swollen gums?
Answer Applies to: North Carolina
David F. Stoddard | David F. Stoddard
You should probably seek medical or dental attention for your gums. You need to know the extent of the medical condition (is it permanent? How much will your medical bills be?) before you do anything legal. You also need to find out if the meal caused the gum problem. You do not say whether you bit down on the bone. IF you have a significant medical problem, and it was caused by the bone, you could contact the restaurant and ask for the contact information for their insurance claims department, then try to settle the case yourself. If you cannot settle, you might try to find a lawyer who will take your case.
Answer Applies to: South Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
First, make an appointment with a dentist to find out the extent of your injuries and get appropriate treatment. Then, contact the restaurant and tell them to refer this matter to their insurance company because you want to make a claim.
Answer Applies to: New York
Gregory Casale Attorney at Law | Gregory Casale
You should contact a lawyer. You will probably need more damages than sore gums but your medical issues may still be in front of you. Speak to a lawyer as soon as you can and let the lawyer advise you on the particulars of your case and fact pattern.
Answer Applies to: Massachusetts
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
In your Virginia personal injury case, it does not seem that you were seriously injured. You do not state enough facts for me to conclude that you have a case. If it was a chicken bone in a piece of chicken, you may not have a case. On the other hand, if it was a bone in some mashed potatoes, there may be something to your case. However, since your only injury is some sore gums, I think that the case is not worth pursuing unless more problems develop.
Answer Applies to: Virginia
Patrick M Lamar Attorney | Patrick M Lamar
looking at it, they gave me a piece of paper to write my info on. Then > gave me my money back. I forgot to take a picture but I have my phone > record the receipt and managers information. My gums are starting to > swell and they hurt.
Answer Applies to: Alabama
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
Personal injury cases where someone bit into foreign material at a restaurant are difficult to prove unless the material is something that offends the sensibilities of the jury. Jurors can probably understand that a piece of bone may be in your meat. It doesn't make it right, but they can understand that it was may have been missed in the process. However, if there is a staple or a screw or some other material that has no business in food, then a jury can be 100% on your side. Additionally, jurors are more likely to sympathize with the plaintiff who has a serious injury like a broken tooth. If the most you suffer is swollen gums and the condition goes away in short order, it is unlikely that your case is worth suing over. However, you should consult with a doctor since your gums are bothering you. Whether you have a serious injury or not, it doesn't hurt to request that the restaurant pay your medical bills.
Answer Applies to: Oregon
Law Office of Mark J. Leonardo | Mark Leonardo
If you require dental care, get treatment, regardless of any claim. Your health is more important than any claim. If you do incur expenses, let the restaurant know and request them to pay for it. Ordinarily you do not have a claim against the restaurant of the item you bit into is inherent in the food. You did not identify what your meal was, but if, for example, it was supposed to be a boneless chicken breast and you found a bone, a bone is still inherent in chicken. Glass or rocks are not. So you probably do not have a claim to go to court. Nonetheless, you can still request that they cover your medical expenses and they should do that.
Answer Applies to: California
Law Offices of Andrew D. Myers | Andrew D. Myers
You need to repost this question and state where you discovered the bone. The liability, or potential for you to have a case, is on a sliding scale of whether you found it, for example, in a T-Bone steak (0%) to a carton of milk (99%). This answer addresses the liability only and not your damages, which you should also tell us more about.
Answer Applies to: New Hampshire
A. Daniel Woska & Associates, P.C. | Dan Woska
According to your note, you found a bone in your food at a restaurant, chewed into the bone but did not swallow it, removed it from your mouth and took it to the manager then the manager gave you your meals for free and apologized. Now you want to sue the restaurant for damages because your gums are sore. In order to successfully present a personal injury claim about your gums the attorney you hire will need you to provide a medical diagnosis that your gums are seriously injured, as a direct result of your chewing on the bone in your food. The doctor or dentist will need to evaluate the level of permanent damage to your gums, the surgeries which are needed to repair your gums and the long term disability you will suffer unless the medical repairs and surgeries are successful. Once you have causation established, an assessment of the medical costs needed to even bring your permanently damaged gums back into a semi working status you may be able to successfully prevail with a good attorney.
Answer Applies to: Oklahoma
ROWE LAW FIRM | Jeffrey S. Wittenbrink
In Louisiana a restaurant may not be liable for a "piece of bone" found in food if it is the same type of bone which may naturally occur in the meat. A piece of bone from hamburger that is simply cut accidentally into the meat will not ordinarily give rise to liability.
Answer Applies to: Louisiana