I ate at a restaurant and found a foreign object in my food which chipped my tooth, what are my rights?

In October 2008, I bit into a burger with a foreign object (thick fiber paper). I gave the fast food chain half of the sandwich and object back to analyze. It came back as part of the tray liner used when cooking burgers and they detailed how it must've gotten into the food. I have this in writing. The object wedged down into my lower front tooth when eating the sandwich and caused pain. I instinctively pulled it out and it chipped my tooth as well as shattered it to the gumline. I've also cut my tongue on the chipped tooth several times and I have sensitivity problems. My husband was witness to the event.

The insurance company has asked for the balance of the sandwich and object which I declined. They're simply trying to obtain all of the evidence and dismiss the claim. I also have a copy of the original receipt and all emails from burgers  and their insurance company. At this point, the insurance company is saying they don't think the object would've damaged a healthy tooth, so I'll be getting xrays of the affected tooth and surrounding areas. It has not been repaired. I will miss many days of work. I think I may need the assistance of an attorney.

Answers (1)

Your case seems to be valid and sounds like product liability/negligence on the food provider’s end. Considering you incurred damage and medical expenses, and the fact that you have gathered evidence, you should immediately contact your attorney to discuss the next steps. Also keep in mind there statutes of limitations for filing  personal injury claims in which their time periods vary from state to state.

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