I ordered an appetizer of fish tacos while sitting at the bar. I had ordered just one drink. Upon my first bite, I commented to the bartender it tasted a bit gritty. I took a second bite and still tasted grit, so I asked the couple next to me if they noticed grit in their fish tacos.
They said they thought it was seasoning.
I took a third bite and yelled “OW” and told the bartender I had just broken my porcelain crown and the lower molar was painful. He called two managers and they filled out an incident report and reported it to their insurance company. I also spoke with two other managers, one of which said she also broke a tooth on the fish tacos the night before.
I have dental records from before, showing the prior condition, and now have treatment plans that indicate I need a new porcelain crown restoration, a molar (that is cracked) extracted and an implant put in, then a restoration, and possibly a root canal on the adjacent molar.
I have been in touch with the insurance company since the incident occurred, and have the statements and business cards of all managers, including the one who also complained of a broken tooth on the fish tacos.
I live in California, and was tending to my Mother’s needs as she was in the final stages of life during my time in Maryland. This occurred on 6/6/14 about 4:45 pm. What are my next steps? How can I be sure I get full compensation for my injuries and pain and suffering? Thank you.
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.
Depending upon how far you’ve progressed with the insurance company, you should be on your way to a successful personal injury claim. Be sure to have in your possession all of your dental records. You will need them to support your claim.
Moreover, to eliminate any contention by the insurance company that your new injury is no more than an exacerbation of a previous dental condition, ask your dentist to be as specific as possible that your new injury is not only separate from any previous dental work, but that the fish taco incident was the direct and exclusive cause of your new injury.
By now, the insurance company’s claims adjuster should have in her possession the incident report and statements from the manager and employees who have knowledge of the incident, and the reasons the grit was in the fish.
You should be entitled to reimbursement for your dental bills, out-of-pocket expenses for medications, costs of transportation back and forth to the dentists office, etc., lost wages (if applicable), and an additional amount for your pain and suffering.
Learn more here: Restaurant Food Poisoning Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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