Visitor Question

Rocks in my french fries?

Submitted By: Deb (CA)

On April 10th I was eating at a chain burger restaurant. I ate a french fry and bit down on something hard. When I spit it out I saw it was a rock. There were actually rocks in my mouth and in the rest of the fries!

I immediately took it into the manager and they said, “oh that happens sometimes because potatoes grow in the ground.” They filed a report and I took a picture and brought the fry home.

I chipped my crown and broke another tooth, which now needs to be crowned. I could loose the tooth in the future. I want to know how to handle this. They say they will fix but will not give me anything for future dental. It seems like they’re giving me the run around. What should I do? 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 Deb,

You certainly have the basis of a personal injury claim. The manager’s statement regarding rocks in potatoes is irrelevant. The store owner had a legal duty of care to make sure customers are safe from injury or undue harm. In this case store owner breached that legal duty.

Don’t accept what the manager or anyone else in a position of authority says about future dental. Instead, go to your dentist and have her write a narrative detailing the type of dental injury you sustained and the costs to fully repair that injury.

Instead of speculating about the amount of money which may be necessary for future dental, have your dentist include such information in the report or narrative.

You probably won’t be able to convince the store manager or owner to agree to pay for future dental. That leaves them open to just about any costs, and just about any amount of time in the future. In that regard, they have a point.

Your dentist will likely be able to repair your tooth fully. Unless you are represented by an attorney, you will have a difficult time convincing the store owner to pay you for your pain and suffering. With an attorney, recovering additional compensation for your out-of-pocket costs and pain and suffering is much more likely.

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: June 24, 2014

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