Visitor Question

Broken Tooth in a Restaurant…

Submitted By: Jim (Newport Beach, CA)

I was eating a salad and my tooth broke when I bit down on a crouton. The crouton was much harder than a normal crouton should be. Is the restaurant liable for my injury? Is there anything I can do?

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 Jim,

The restaurant should be liable for your injuries. They should compensate you for the repair to your tooth. The compensation should include your dental bills, any of your reasonable out of pocket expenses, any wages you lost while going to the dentist.

To get to the point where the restaurant actually compensates you it will be necessary for them to accept liability for what happened. Hopefully you notified management when your tooth broke. It would be even better if they documented the incident.

Go to management and verify the incident. Once verified present them with the estimate for the dental repairs. Explain to them you will also need them to pay your additional reasonable expenses. Don’t threaten them with legal action yet. Do your best to calmly explain the circumstances.

Hopefully they will agree to reimburse you. If not, you may want to consider legal action.

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 30, 2011

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