What legal options are available to me if my daughter choked on a fingernail that was in her fast food?

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What legal options are available to me if my daughter choked on a fingernail that was in her fast food?

My last visit to a fast food restaurant resulted in my daughter choking on a fingernail that was inside her food.

Asked on August 25, 2010 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, let me express my hope that your daughter is ok. If she is, then you probably do not have a viable legal action, since you fortunately avoided injury or loss. Lawsuits are designed to compensate people for certain kinds of injuries--mostly physical--and out-of-pocket losses or costs. If you avoided loss, then there is really nothing to sue for. (Though if an ambulence had to be called, your daughter went to a hospital, etc. and you were stuck with a large medical bill, you could sue over that.)

If you do have out-of-pocket losses or costs (see above)  or your daughter suffered some serious or lasting injury, you could sue the restaurant. If it can be shown that the fingernail got in the food due to restaurant negligence, or carelessness (e.g. it was a cook's or server's fingernail, and not your own or your daughter's), you may have a winning lawsuit.

Note that if you feel the restaurant is unhygenic, you could report them to the health department regardless of whether you can or do sue or not.


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