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I broke a tooth while eating a sandwich. I contacted the manager but they haven't attempt to fix the issue. What should I do?

Mckeesport, PA |

I was eating a sandwich from a fast food restaurant, on my last bite I bit into a foreign object and broke a tooth. I found a piece of what it looks like melted plastic. I contacted the manager of the restaurant he filed a complaint form to send to his corporate offices, he stated they would contact me within 24 hr. I didn't hear anything back so I called him again and he said he needed to retrieve the piece of plastic and asked me to take it back. I don't know what to do since is the only evidence I have. I can't afford a dentist or miss work and I am in pain. What are my rights and what should I expect from them? Please help.

Attorney Answers 6


  1. Best answer

    You have received excellent advice so far. Don't send the object, photograph it. Don't give any recorded statements. No good will come of that. Somehow it will end up all your fault.
    In order for this to be a claim you need to show damages. You need to be seen by a dentist as soon as possible. I recommend if you cannot afford it to contact the dental school at the University of Pittsburgh. They can provide you with some dental care without cost. Also, I have a dentist I use for expert opinions who may be willing to see you and await payment until you resolve any claim you may bring. I'm at home and I just can't remember think of his name--don't use him that often. If you want to give me a call in the morning I'll get it for you.

    If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.


  2. No not give the piece of plastic to the restaurant manager. I would strongly suggest getting a local area personal injury attorney to help you out. Most personal injury attorneys offer a free consultation. You can't lose. You need medical attention. Your attorney may be able to find a dentist willing to agree to a lien. Best of luck.

    Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  3. Consult with a local personal injury attorney. You probably won't get far on your own and once you give up your evidence you probably will never see it again.


  4. Take a few photos of the plastic object and send them to the company but do not consider sending the actual foreign plastic object to the defendant or their insurance company.
    Do not give any statements. Consult with an experienced personal injury lawyer before doing anything else. Get a written estimate from your dentist for the price of the work you need. Take a photo of the area of your mouth where the broken tooth is and a photo of the piece that broke off. Let your lawyer see all this.
    Good luck!

    Legal disclaimer: The statement above provided by Sandra Worthington, Esq. is general information and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by Sandra Worthington, Esq. and Worthington Law Group does not create an attorney/client relationship within any state or under Federal law.


  5. I have a very similar case, and like everyone else has told you , hire a local personal injury attorney. In my case the court refused to allow the defendant any type of destructive testing. You need to hire someone, and get to the dentist. Perhaps your attorney can recommend someone. I would still try to get into see someone, and see if they will work out a payment plan, because documenting your injury and care and treatment are important in getting a favorable outcome in your case.


  6. Let a lawyer resolve it. I'm sorry, but my firm only handles catastrophic injuries

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