Lawsuit for unnamed company causing tooth to break because of their food product

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Lawsuit for unnamed company causing tooth to break because of their food product

I got a breakfast sandwich from this establishment. A well known establishment at
that. They served me a breakfast sandwich that was so hard, when I took a bite,
it literally broke one of my front teeth out. I had to rush to the dentist in
horrible pain and get my tooth crowned because the break was so bad, they
couldn’t save the tooth. So now I have a fake tooth and underwent 3 hours of
oral surgery. Do I have a case against them since THEIR product was the reason
for tooth to break?

Asked on June 20, 2017 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit for negligence against the restaurant, it may be possible to settle the case with the restaurant's insurance carrier.
Your personal injury claim filed with the restaurant's insurance carrier should include your dental bills, dental reports and if applicable, documentation of wage loss.
Compensation for the dental bills is straight reimbursement.  The dental reports will document your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled, your lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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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