What to do if I recently went to a restaurant, ordered a salad and then choked on glass that was in it?

UPDATED: Oct 22, 2013

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What to do if I recently went to a restaurant, ordered a salad and then choked on glass that was in it?

Halfway through my salad I started choking. I immediately spit up a pretty large chard of glass that was in my salad. My mouth is basically shredded from the glass, and I am going to go to the ER to make sure there are not any more damages to my system. What would be the best way to go about this dealing with the restaurant? I’ve read that actually suing them wouldn’t be the best bet. But I do believe that I am owed some kind of compensation for this.

Asked on October 22, 2013 under Personal Injury, New York


Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

Find out what the total bill from the ER is (including what they bill your insurance) and any other resulting medical, triple that and make a demand on the restaurant for compensation in that amount.  If the restaurant is not willing to pay at least 2X medical, you may want to seek out a personal injury attorney, although it may be hard to find someone if your actual medical bills are too low (less than $5,000 or so).  If you can find a personal injury attorney willing to take your case, s/he will take it on a contingency fee basis, probably about 33%.

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