Visitor Question

Broken Tooth from Glass in Hamburger…

Submitted By: Kurt (Colorado Springs, CO)

While eating a hamburger at a local restaurant I bit down on a 3″ piece of broken glass that was inside the sandwich. I broke a back molar and required a crown to repair the damage. My dental costs are $1,300 plus several dental visits over a 4 week period.

What should I do to get the restaurant to pay for all this and how much compensation should I get? Thanks.

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 Kurt,

Hopefully, you reported the incident to management when it occurred, and more importantly, a written Incident Report was made at the time as well.

There is no doubt but that the restaurant is certainly liable for all of your dental bills, out of pocket expenses, such as prescription medications, over the counter aids, and other costs related to the repair of your tooth. They should also be liable for any of your lost wages resulting from your having to go the dentist, and for any recovery time as well.

They really should offer you some additional compensation for your pain and suffering; also called emotional distress, or mental anguish.

They can do it the easy way, or the hard way. That means you can submit your expenses, and lost wages to them and request an additional amount for pain and suffering; or, if they don’t agree to pay for all of the above, you can file a lawsuit against them.

A reasonable amount to ask for the pain and suffering is about three times the amount of your dental bills. That’s the traditional amount attorneys start at in personal injury lawsuits.

You don’t have to settle for three times the dental bills. Ask for a higher multiple if you believe you deserve it. It is really up to how you feel, and how much pain and discomfort you endured, and for how long you endured it.

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: September 20, 2011

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