What can I do if I out to dinner and unknowingly bit into a pitted olive that split a healthy tooth?

UPDATED: Feb 20, 2015

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What can I do if I out to dinner and unknowingly bit into a pitted olive that split a healthy tooth?

The manager was on site and was aware. I had my dentist do the work and paid him I have sent the bill to the restaurant and have 3 conversations with manager seeking owners help. No response, no I’m sorry, nothing not even a call. What can or should I do at this point; it has been 3 months?

Asked on February 20, 2015 under Personal Injury, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue for a personal injury if you suffered an actual injury that was due to another's negligence. In other words, in a case such as yours, you can sue the restaurant since you broke your tooth on an olive that wasn't suppossed to have pits in it; in other words you were injured and the restaurant was at fault. 

At this point, depending on the amount of the damages that you suffered, you can take the restaurant to small claims court to recover your dental expenses or you can consult with a personal injury attorney about filing a lawsuit that will cover your expenses and related costs, as well as your pain and suffering. 

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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