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

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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 12 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.


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