Do I have a case for an 8 inch long hair in my food which I had to pull out of my mouth?

I ate at a restaurant and I an 8 inch hair was in my first bite which was in my mouth. I threw up and didn’t eat for 2 days. Their insurance company called me and told me there was a claim put in for me but I am not sure what to do. I told them I still have it inside the food.

Asked on December 2, 2011 under Personal Injury, North Carolina

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

Since you did not incur real damages except mental anguish or emotional distress, you should let insurance company handle it. The hair is certainly a foreign item that should not be there so you clearly have a claim against the restaurant. I would advise to wait for the insurance settlement then decide what to do. You have to prove real damage before you can attach your emotional distress claims though.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.