Hogan Injury > Blog > broken tooth

Liability and Damages in Adulterated Food Case

By | June 24th, 2013

QUESTION: I broke my tooth due to the object in a restaurant food. The restaurant is already paying for the dentist but I will need to stay in town to complete the repair. The event has ruined the weekend and the upcoming week. Do I have a case? ANSWER: The restaurant may be liable for damages provided that there exists negligence on their part in preparing your food. However, the burden of proving the non-existence of negligence may be shifted on the defendant in an adulterated food case if the.

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Injury from Foreign Substance in Food: Can I Make a Claim?

By | March 8th, 2013

QUESTION: Can I sue for personal injury if I broke my teeth from biting on a metal rod inside a deli sandwich? ANSWER: If there are injury-causing substances that are foreign or not normally found in a food product (such as a piece of glass or wire), the provider of such food may be held liable on product liability and breach of warranty theories.

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