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Can I do anything about finding an iron fishing hook in my shrimp take home cocktail. I bit it .

Deer Park, TX |

Thank god there was no harm done but I could have shocked on it or much worse? Is there anything I can do about this?

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Attorney answers 4

Posted

You can take the fish hook to the place where you purchased the shrimp cocktail and explain where it came from. It is possible they will give you a small compensation for your trouble. You do not have a viable lawsuit because you have no damages.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

Posted

You can report the incident to the Board of Health or go directly to the establishment. Fortunately, there was no injury. The law does not compensate for negligence without an injury. While perhaps disturbing, the most important point is you were not hurt. Hopefully, this is one time event and will not recur in the future.

Posted

No case here. Negligence consists of four elements, each of which must be proven. Otherwise, there is no viable claim. The four elements are:

(1) Duty.
(2) Breach.
(3) Cause.
(4) Harm.

Theoretically, legal analysts can correctly point out that this is an oversimplification, that causation can and should be further broken down, and that forseeability applies at the duty and cause levels. However, let's keep this simple.

When you ordered food from the establishment, they had a duty to provide a wholesome and reasonably safe meal. They likely breached that duty by serving a meal with a fishook. I will not go into old contorted decisions where courts actually found it was a reasonable expectation, for example, to find a bone in chowder. Current law in enlightened jurisdictions would find a fish hook in a meal to be a defect, giving rise to liability.

The real problem in a legal sense, although a positive thing for you, is that you were not injured. No injuries were caused by the breach of duty by the restaurant take out place.

What injuries you "could have" sustained is not relevant.

My office represents many accident and injury victims in Massachusetts and New Hampshire.

Posted

As others have mentioned, because you suffered no harm, it is unlikely you have a viable claim. Your best bet may be to have the cost of your meal refunded. I would not expect much beyond that.

The answer provided is for general informational purposes only. You are strongly advised to contact an attorney in your jurisdiction to get their best advice. No attorney-client relationship has been formed and you should contact your own attorney as soon as possible to avoid delay.

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