I ate a chicken wrap from Williams Coffee Pub and bit into a 2cm piece of metal which was sharp on both ends and covered in charcoal - my assumption is that it was a piece of the grill.
I contacted the store manager who offered me a refund but took the metal stating they need it to figure out where it came from. Luckily I took a photo of the wrap and metal. I proceeded to contact the head office who said they would reimburse me for any costs associated with my injury. I don't believe my tooth is cracked but I have a cut on the inside of my mouth and was told by my doctor to get a tetanus shot today. I had to miss work today and this evening and potentially tomorrow because this has caused quite a headache. I'm self employed.. how would I claim this? How far should I go?
It sounds like your are taking the appropriate steps. Make sure you document all of your injuries, out of pocket expenses and get copies of your medical bills. Go to the dentist about the tooth, get the tetanus shot and whatever other medical treatment you feel you require or is recommended. Make copies of everything and send them to the Pub's insurance carrier. They should contact you to discuss some sort of resolution. Whether or not you decide to accept depends on the extent of your expenses, out of pockets, pain and suffering, etc. If wouldn't hurt to consult with an attorney in your area although you may find it difficult to find someone to handle the case given the extent of the damages.
Make a formal written accident report at the store; if this happened in NY City make a complaint to the NYC Department of Health by calling 911; get from the owner his insurance carriers name, address, and policy number; tell him that if he fails to give you the requisite information you will sue the store personally in small claim court. Good luck.
The fact that this foreign object was in the food, making it adulterated, would likely result in a finding of liability in any subsequent claim/suit. It constitutes a violation of the NYC health code, and the NYS Agriculteral laws; and would be a strict product liability case. However, from the "reality" perspective, if all that winds up happening is the getting of a tetanus shot for protective purposes, and assuming there is no actual damage to the tooth, I would say, based on a number of these cases that I have handled, that the value of your injury(ies) and one day's loss of work would likely not result in a compensation award that would be worth the time and expense of a lawsuit. If your conditions change or get worse, definitely consult with an attorney if you continue to have physical conditions/complaints.
Jeffrey I. Schwimmer,Esq
20 Vesey Street - Suite 1200
New York, NY 10007
It all depends on what the headache is going forward. Most attorneys will not be interested in taking a case with a cut and tetanus shot. If your tooth is cracked it could be worth some money, but not much depending on what needs to be done. If this ever happens again, NEVER give up the object in your food to the store.
This is the type of personal injury case that you are better off handling directly on your own. So long as your injury is limited to the lost day of work, the tetanus shot and the stree if the situation you should have the defendant reimburse you as a settlement. You should be able to get their insurance arries to settle. You reported the incident to the defendant. You documented the object by photograph. You sought medical treatment that further documented the event. Tell them to settle or you will retain an attorney.
Get free answers from experienced attorneys.
25,069 answers this week
2,661 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary