Legal Question in Personal Injury in New Mexico

Four days ago my boyfriend and I were at a restaurant eating artichoke dip. After about 5 bites at normal temperature, I bit into a large artichoke piece and it singed the top of my mouth. The burn is serious enough that I have not been able to eat since the incident, and have been unable to speak properly (both of which have been affecting work tasks and performance). At the time of the incident, we complained and the waitress basically just ignored us. The next morning, we called management and she had few words for me. I asked how something "/broiled" as advertised on a menu would be superheated to the degree of burning a patron. All she said is that she would investigate, but did not take my name, number or any info.

I took a picture of the top of my mouth and sent it to my sister who is a dentist, and she said it looked very bad but that there was nothing I could do to treat the area. She prescribed me a mouthwash that numbs my whole mouth, rendering me literally speech-less and still unable to eat.

I am very angry with this situation, and I do not know what to do. I have been considering cranking out a letter today attached with their menu description of the food item and a picture of my mouth. Many have encouraged me to seek personal injury damages. I'm not sure the best method to proceed, and what I could even write in the letter. What rights do I have and what can I demand from the negligence of this establishment?

Please consult.


Asked on 6/24/10, 8:32 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Negligence is not required in food cases. The liability of the establishment is absolute. You may have problems with proof, but your legal right is to sue for any costs incurred (doctor) and pain and suffering. Consult a personal injury attorney in your area. Initial consultations are usually done at no cost. Ask first.

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Answered on 6/27/10, 5:13 pm


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