Chipped Tooth Biting Into a Piece of Pizza...

by Raye
(Myrtle Creek, OR)

I bought a pizza last night from a restaurant and today I bit into a leftover piece and unexpectedly bit into a piece of plastic, chipping my front tooth a bit. It hurts but it is only a small chip off the bottom. I called and they will have a manager talk to me tomorrow. What should I do about it? Thanks.

Visitor Question:
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ANSWER for "Chipped Tooth Biting Into a Piece of Pizza...":

Raye (Myrtle Creek, OR):

When the manager calls tell her what happened. Because you obviously ate the slice in question at home, and the day after the incident the manager may have a difficult time authorizing reimbursement for your dental repairs.

If the restaurant is a "Mom and Pop" establishment and you are a frequent customer you may have a better chance of obtaining reimbursement for your required dental work than you will with a larger national franchise.

There is a reason for this. For a national restaurant chain to admit there was a foreign object in their food is something the restaurant chain absolutely never wants to do. They would rather defend themselves than admit to a problem with their food.

A Mom and Pop restaurant might have a different attitude, but you still may run into a relatively similar problem as well.

If your injury occurred at the restaurant and was documented at the time of the injury by management, your chances of prevailing in seeking reimbursement for your required dental work would be much higher.

As you can imagine the national franchise's position will almost assuredly be that anyone could file a claim like yours. Without documented evidence that food was tainted with the plastic you are going to have a difficult time obtaining very much of anything in the way of reimbursement.

When the manager calls and you tell your story to her, all you can do is hope she will accept liability and agree to pay for the repairs to your tooth.

Threatening to sue them will likely only harden their position. If they cowered to every customer who threatened to sue them they would quickly assume a reputation for being a "soft target" for anyone wanting to make a quick buck.

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

Best of luck,

Judge Calisi

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