If we ordered sushi roll to go and when my dad bit into 1 of the rolls his front tooth broke because there was a rock in the rice, can he sue the business?

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If we ordered sushi roll to go and when my dad bit into 1 of the rolls his front tooth broke because there was a rock in the rice, can he sue the business?

My dad would like for the store to take responsibility for the medical costs but they refuse to pay anything nor have their insurance cover the costs. They accused my dad of trying to lie about the incident. They don’t believe that their food was the cause of his broken tooth since he wasn’t actually at the store eating.

Asked on September 30, 2014 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Legally, if there was a rock in the sushi and that injured your father's tooth, the restaurant would be liable, since it is negligent, or unreasonably careless, to have a rock in sushi. Practically, it may be difficult to prove, especially if your father was not at the store when he bit into the rock--it may be difficult to prove that the stone was in the sushi. If they will not pay voluntarily, then to get money, your father would have to sue; and to win, he'd have to prove in court that it is more likely than not that the rock was in the sushi role.


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