AZ state personal injury tort law against fast food chain for bone particle found in food

I have had clients with very similar scenarios. The insurance coverage may include a medical payments provision that will pay for medical bills regardless of who is to blame. If you present the insurance carrier with the dental records and bills it should help your claim if the dentist put in the records that the cause of the problem is from the hard object at the restaurant. If they still do not resolve the issue you may wish to consider meeting with a lawyer to discuss the merits of bringing a lawsuit.

If the tooth wasn't in pain, they shouldn't deny your claim. Ok, bad I know but I couldn't resist -- I know the Seinfeld episode you were referring to (I think). Anyway, the short answere to your question is that you have a claim provided you can establish the elements of a tort claim based on negligence -- duty, breach, causation, injury. These types of claims can be difficult to press if the injured person doesn't immediately notify the restaurant management or if there is a question as to how the improper item got into the food supply. However, this incident appears to be pretty clear from what you've described -- a bone in a burger caused you injury and you reported it immediately. The restaurant and its meat supplier owe you a duty to make sure there are no objects in your food that can cause harm. I think the biggest hurdle here is where the breach occurred, but I'd make the restaurant battle that issue if I were handling your case.

Contact an experienced AZ attorney to discuss your matter.

McCain & Bursh, PLC, Attorneys at Law.

www.mccain-bursh.com. www.marcmccain.com.

To bring a tort suit in civil court you need for negligence against the defendant. In general terms, negligence is either the failure to do something that an ordinarily prudent person would do under given circumstances or the doing of something that an ordinarily prudent person would not do under those same circumstances. Any lawsuit grounded in a negligence theory involves a breach of a legal duty imposed by statute or otherwise, owed by the defendant to the person injured. There must be damages that are the proximate result of the breach of the duty owed by the defendant to the injured person. You have a good start so..... get a lawyer.

You need to get talking to an attorney quickly.

You should quickly seek a lawyer because the time limit to take action to protect your rights is short.

You might find helpful my Legal Guide "Successful Start for a Personal Injury Suit"

http://www.avvo.com/legal-guides/ugc/successful-start-for-a-personal-injury-lawsuit

You have rights but you must act to protect those rights. If you wait too long the time to act expires.

You might find helpful my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

Good luck to you.

God bless. I am in Chicago and do not practice in your state.

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