Visitor Question

Compensation for biting into a rusted screw?

Submitted By: Darwin (Virginia Beach, Virginia)

I was in Applebee’s on Monday night roughly around 8:30pm and I ordered a pork-chop bone in with shrimp on top. I first cut the chop and put it in my mouth and felt some thing hard. I bit it with my left side of my back teeth – hard enough that I heard a cracking noise.

I thought I got a piece of bone. I took it out of my mouth and then I saw a rusted screw about half inch long coming out of my mouth. I immediately called the server and pointed it out to her. She then took the plate out back and got me to speak to the manager.

The manager gave me all her information and the district manager’s info. I was then on my way to work and my jaw started to get sore (I work nights so I took aspirin for the pain).

The next morning (Tuesday) I called my dentist to get my tooth checked just in case it really cracked or something. They gave me an appointment until Monday 11am. I have not yet contacted anyone from Applebee’s yet, since we are in the process of moving and my schedule has not allowed me time.

What can I do about this if there was no serious injury? What are my options? 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.

Answer

Dear Darwin,

Before going any further, seek the dental care you need. This should be a priority. Based on the facts, Applebee’s appears to be liable for your injury.

At a minimum, Applebee’s is responsible for your dental bills, your out-of-pocket expenses (for such items as medications, costs of travel to treatment, parking fees, etc.), your lost wages (if you had to miss work because of your treatment or recovery), and an amount for your pain and suffering.

Stop by Applebee’s after you complete your dental work and ask why you haven’t heard from someone at the corporate office. Explain that you want to have your dental bills paid, as well as the other related reasonable expenses.

If someone from the Applebee’s corporate office doesn’t contact you within a week or so after that, contact them. Applebee’s corporate offoces are located at:

Applebee’s
DineEquity, Inc.
450 N. Brand Blvd., 7th Floor
Glendale, California 91203-4415
Phone: 866-995-DINE

Keep copies of your dental records, and receipts for your dental bills and out-of-pocket expenses. Hopefully you saved the screw. If not, that’s alright. In the event there are no injuries, then other than the one-time dental bill there is not a lot more you can expect from Applebee’s, other than an apology and maybe a few complimentary meals.

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: October 19, 2017

How Much is Your Injury Claim Worth?

Find out now with a FREE case review from an attorney…

  • Your Accident
  • Your Claim
  • Contact Info
  • Your Evaluation

Comments

One thought on “Compensation for biting into a rusted screw?

  1. Last night I and my husband were eating at Texas Roadhouse. I got a 12oz Ribeye. I was thoroughly enjoying the best steak I had had there in a long time. I was nearly done with my steak when I bit into something very hard. The pain shot through the left side of my mouth. It did calm down some.

    At this point, it hurts when I floss one tooth or bite down on another. It was 2 small pieces of bone. I took a picture of it (they kept it) and have a dental appointment today. Nothing on the menu warns that there may be pieces of bone in a boneless ribeye. We started a claim with the manager who said “We’re sorry that happened. But you know that happens.” Is it possible that I could be compensated if they have to replace a crown and/or fix a tooth? Or would this be one of the, “Sorry about your luck” cases?
    Thank you.

Leave a Reply

Your email address will not be published. Required fields are marked *