Can I sue a restaurant for a bone found in my food that made me choke?
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I recently ate at an Italian restaurant and as I was eating into my pasta, I bit into a very hard large bone which ended up cutting my inner mouth and almost causing me to choke on the bone. It was a very traumatic situation and my husband had to perform the hymelic maneuver on me. Can I file a lawsuit against the restaurant?
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Response: You certainly can file a lawsuit and collect awards for damages. However, a few more very important elements need to be examined. Did the dish you order contain any meats that knowingly contain bones in them, or was it misplaced? Foods with bones that cause mouth injuries usually cannot be considered negligence of the restaurant operator and should be expected by the patron. However, if it was completely misplaced, then negligence can be proved. You would also need to have witnesses and should keep the object you found as proof. The restaurant may offer to settle outside of court but it is still worth your while consulting with an attorney to determine if the out of court settlement is fair vs. filing a lawsuit.
Posted by Frank Rivero on 13 May 2010
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