What to do if I went to a fast food chain and bought a sandwich with a foreign object in it?

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What to do if I went to a fast food chain and bought a sandwich with a foreign object in it?

I was eating the sandwich at home and in the middle of eating it I got a sharp pain on the roof of my mouth. I pulled what was an arrow head shaped bone-like object from the area. There is a small cut and I have been pulling out small fragments of it. I called the company and they told me someone would contact me. I want to go to the dentist because I believe there is a sliver of bone still in the area where the cut is at.

Asked on December 4, 2012 under Personal Injury, Illinois

Answers:

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

Answered 9 years ago | Contributor

There should be a written record of this incident at the restaurant by the person with whom you spoke; otherwise, the restaurant could deny this incident occurred.

You should contact the insurance carrier for the restaurant and not wait to be contacted.

When you complete your dental treatment and are released by the dentist, obtain your dental bill, dental report, and if applicable documentation of any wage loss.  Your personal injury claim filed with the restaurant's insurance carrier should include these items.  Compensation for the dental bill is straight reimbursement.  The dental report will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bill.  Documentation of 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 with the restaurant's insurance carrier, you will need to file your lawsuit for negligence against the restaurant 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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