Legal Question in Personal Injury in California

Re: foreign object in a salad served by a hotel caused a fractured tooth

A natural object may be grounds for them to escape liability. But, were there olives in the salad? If not, it is still a foreign object. If there were, you would have a more difficult time with your case.

Re: foreign object in a salad served by a hotel caused a fractured tooth

Regardless of what caused your injury, i.e., glass or olive pit, you may have a valid legal action to pursue. Just because an olive pit is tangentially related to the salad, does not mean they were not negligent in serving you the olive pit in your salad. This may sound strange, but do you still have the olive pit?

I would be willing to discuss some of the issues concerning your experience to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

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San Diego, CA 92101

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Re: foreign object in a salad served by a hotel caused a fractured tooth

The law generally treats seeds, pits and the like as a natural hazard we all risk encountering when we eat certain types of food. If your salad included olives and the pit you describe was in one of them, you probably don't have a case.

Note that the reason the law works this way is not because an olive pit is "natural", but rather because it is something you could reasonably have expected to find in your salad. Rocks are also natural, but we don't think we risk finding rocks in our salads, and the hotel would most likely be liable had you been injured by a rock instead of an olive pit. But an olive pit in, say, an ice cream cone would be just as unforeseeable as a rock in a salad and would be treated the same way in court, despite being natural.