Asked almost 3 years ago - West Palm Beach, FL
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I got some to go food from a very popular chain restaurant...While biting down into the bread, the butter had a piece of porcelain in it...which broke my tooth in half. I kept the piece, showed it to thier Manager which he confirmed was a piece of thier plate that must have broken and somehow got in the butter.
Can I get reimbursed for my tooth as well as additional for time taken for both appointments, the pain caused etc?
The restaurant is "strictly liable" for the foreign object in the food. In other words, they really have no defense to the lawsuit if in fact the porcelain was in the butter. Yes, you can be reimbursed for your dental bills, lost wages, inconvenience (i.e. having to go to medical appts.) and past and future pain & suffering.
LEGAL ADVERTISEMENT – I am not seeking to represent you based on the response to this question. The answer given is for general information purposes only. No attorney-client relationship is hereby intended. However, if you have additional questions concerning this matter you may call me at (561) 802-4124; e-mail me at tmblaw@msn.com or write to me at Thomas M. Bates, P.A., 1655 Palm Beach Lakes Boulevard, Suite 402, West Palm Beach, FL 33401.
Yes, but you probably cannot do it on your own. You will need to hire an attorney. Many attorneys handle these kinds of cases on a contingency fee basis because restaurants carry insurance against these kinds of things. It is good you got the incident documented. The manager should have filled out an incident report which you are going to need. Make sure you document everything else. Dentist bills, photos of the broken tooth, photos of the piece of porcelain, etc.
Find a litigation attorney, the same kind of attorney who handles automobile accidents will do, but get one that isn't afraid to go to court and doesn't just settle every case. He/she may settle out of court for you but litigators generally get better settlements than settlers do.
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Good luck as you seem to have a good case.
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