Visitor Question

Broken Molar From Biting Into a Piece of Porcelain…

Submitted By: Lori (Lone Tree, CO, USA)

I was eating a salad and bit into something large and hard that broke my molar. It was a piece of porcelain from another salad bowl. They took an incident report and accepted responsibility. They found the bowl it came off of and explained how it happened.

They will pay for my dental costs only, but I think I should expect more. This is a terrible inconvenience. Can I get compensation for my pain and the other inconvenience of this incident?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Lori,

You certainly can attempt to have the restaurant compensate you for your pain and suffering.

Getting them to agree may be difficult.

You certainly want to do everything within reason to refrain from filing a lawsuit. If a lawsuit becomes necessary you can always file suit in Small Claims Court. In the State of Colorado the maximum limit a person can sue for in Small Claims Court is $7,500.00 dollars.

Contact the restaurant management once more. Let them know you are not satisfied with their just paying the dental bills. Tell them the entire experience has been unnerving.

If you’ve had to pay any out of pocket expenses such as parking fees, prescription and over the counter medications, or have lost wages as a result of the injury and the time for recovery, list those as well.

Take the amount of your dental bills and multiply them by 3x. That is the generally accepted manner in which to assess compensation for pain and suffering. Hopefully they will understand and agree to pay you additional monies. If not you may have to consider taking the case to the next level – the lawsuit.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 20, 2011

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