How does an avocado stem get into a sandwich at a restaurant?

by Mary Jo
(Tampa, Florida)

On May 16, 2016 I stopped by a local Panera Bread restaurant in my neighborhood to get a bite to eat before my Doctors appointment, only to find a very hard piece of stem from the avocado tree in my turkey avocado sandwich. It felt very hard, sharp and I thought it might have chipped or broken a tooth.

I proceeded to remove the object from my mouth, still not knowing at all what it was. I do know that it caused me tremendous anxiety. Since then, and to this day I am fearful and very cautious of what I eat and constantly feeling like I need to inspect everything I eat or consume now. It's really bothering me mentally.

How do I go about resolving these persistent reoccurring thoughts of worry that another similar incident may occur again? What are my options? What is the proper way to build a case in my defense? Awaiting your reply. Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "How does an avocado stem get into a sandwich at a restaurant?":

Mary Jo (Tampa, Florida):

To resolve the "persistent reoccurring (sic) thoughts of worry that (sic) another similar incident may occur again" may require some type of therapy. Contact a local psychologist or psychologist in your area.

To have the basis of a personal injury claim against Panera Bread will require proof of the following:

- Panera Bread knew, or should have known there was an object in the food which might be dangerous and cause injury to you

- Panera Bread ignored the danger

- As a result, you were injured

You have no evidence of any of the above. More importantly, you didn't sustain any real injuries; that is unless you call your "reoccurring (sic) thoughts of worry" an injury...and you can't unless you have a narrative from a licensed mental health professional. It's probably time to move on with your life.

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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AUTO ACCIDENT
PERSONAL INJURY
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MEDICAL ERROR
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