What are my rights if I broke my tooth from olive pit in a salad thatI ordered at a restaurant?

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What are my rights if I broke my tooth from olive pit in a salad thatI ordered at a restaurant?

One of the ingredients I ordered for the salad was kalamata olives. The manager took the order and asked if I wanted whole or sliced. I requested whole. The salad ingredients were tossed together and I assumed the olives were pitted. While eating the salad I bit into an olive and broke my tooth. We completed an incident report and the manager said he asked me if I wanted whole or sliced olives and if I knew what kalamata olives were. I said yes, and that I have had many salads with whole kalamata olives that are pitted and that I have also purchased whole, pitted kalamata olives.

Asked on January 23, 2012 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unless kalamata olives are *always* pitted, you probably do not have a cause of action. That is because if the olives do sometimes come with pits, then the restaurant did not do anything wrong--you unfortunately asked the wrong question, so to speak, by not inquiring into whether the olives were pitted or requesting that they be pitted. So if serving kalamata olives with pits is one way they are served, you most likely cannot recovery for your injuries; on the other hand if they are always nrmally served pitted, and hence it was very unusual to get them with pits, you may have a cause of action and may be able to sue for compensation, such as the cost of dental work.


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