What to do if I was eating at a restaurant last night and about 3/4 of the way through my iced tea a felt something on my tongue and it was glass?

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What to do if I was eating at a restaurant last night and about 3/4 of the way through my iced tea a felt something on my tongue and it was glass?

I pulled it out of my mouth and there were 2 pieces of glass on my tongue. I’m afraid I may have swallowed some because my throat is rather sore today. Is there anything that I can do?

Asked on December 17, 2012 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally, to have a viable lawsuit, you must have two different elements:

1) You must have fault, typically liability or unreasonable carelessness, on the part of the person or business you are suing.

2) You must have actual physical injury, economic loss, or cost caused by the negligent act. The law does not provide compensation for being worried or scared, or the possibility of injury, or even for discomfort; it only provides compensation for out-of-pocket monetary losses or other financial losses, or for serious physical injury. If you have not been injured other than a sore throat, and did not incur meaningful medical costs (e.g. going to a hospital emergency room) you would not be entitled to compensation.


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.

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