Visitor Question

Broken tooth from eating a Big Breakfast at McDonalds…

Submitted By: Marie (Odessa, MO)

I ordered a Big Breakfast at McDonalds. A worker brought the food out to me and I cut a piece of egg and a piece of sausage off and ate it. I again cut a piece of egg and a piece of sausage together and began to chew but this time my second to the back bottom tooth hit something hard. My husband heard the noise it made as I bit down.

I thought to myself that I had chipped a tooth or something. I called the manager over and filled out a report. She acted like she believed it was in my food and that it might be a pepper corn stem or something. I couldn’t tell, it was small and black.

The manager put the particle in a baggie and sent the form and particle to their insurance agency. I had instant pain from my tooth to my jaw to my ear. This happened on a Saturday morning so I had to wait until Monday to go to the dentist.

Monday came and I thought, “awesome, no more pain after today” but then the dentist said there wasn’t anything he could do to save my tooth, it was completely broken even below the gum. He said I had to go to an oral surgeon and have it extracted and then an implant put in.

Tuesday I had my tooth extracted and was in even more pain that didn’t lessen. Friday I went back to the oral surgeon to find out now I have a dry socket!

I have had pain in my tooth, jaw and ear ever since this event happened and the insurance agent claims McDonalds is not negligent, she went as far as to say I am responsible for my food once they serve it to me.

She left a message saying she sent the particle to the sausage vendor to see if they can figure out what it is and if they feel responsible. I’m so stressed by this, in fact I’m afraid to have sausage or certain foods out, besides being in a lot of pain.

They estimate over $7000 to repair my tooth, not counting what I already have paid and what I may have to pay for more x-rays and tests if it doesn’t stop hurting. I can’t afford to do anything else until someone pays for this.

I have no clue where the particle came from but if they have cameras I’d love to see the film of me eating and spitting out my food, and the process of preparation of my food. This is horrible and I don’t know what to do. What can I do about this? Do I have to hire a lawyer or file a lawsuit? Thank you.

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 Marie,

At this point, no one is accepting liability. With that said, you also seem to be unclear about the origin of the particle. From the facts you present, it appears obvious the particle was within the breakfast sandwich.

It will be extremely difficult to find the time and place the particle entered your sandwich. Even with a close review of a video of the cooking process, it may still be very difficult to find where the particle might have entered the sandwich.

Because the insurance adjuster for McDonald’s refuses to accept liability, your only recourse at this point is to retain an attorney.

A personal injury attorney can subpoena the video, take the depositions of employees who may know where the particle came from, discover prior events of food particles causing injury, and other events which tend to show negligence in the preparation of the food.

Fortunately, most personal injury attorneys will not charge any fees for an initial office consultation. Make appointments with several attorneys in your area. Bring along your dental records and bills. After reviewing the facts and speaking with you and your husband, the attorney will be able to give you a better idea of the viability of your claim, and the probability of a successful settlement or court award after trial.

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: August 1, 2016

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