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Metal found in wrap.. what should I do?

New York, NY |

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?

Attorney Answers 8


  1. Since you are self-employed it will be hard to prove any lost wages. On the other hand you have the medical bills which they should cover. Other than the medical bills, that is about all you should expect to get. Thankfully you were not seriously injured.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  2. 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.


  3. 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.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  4. 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
    (212) 344-6700
    JSchwimmerEsq@att.net
    JSchwimmerEsq@verizon.net


  5. 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.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.


  6. 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.


  7. Document your out of pocket expenses and lost wages and send a letter asking for compensation. If they refuse send another letter telling them they should pay to avoid a small claims lawsuit. No lawyer will take this case, the damages are too small.

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