Legal Question in Personal Injury in California

Possible Lawsuit?

Can I sue a restaurant if I found glass in the food, actually chewed on a piece and had to get xrays done?


Asked on 6/03/09, 8:49 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Possible Lawsuit?

Yes. The lawsuit would be for breach of warranty; under the California Commercial Code, a restaurant provides an implied warranty that your food will be free of unexpected foreign objects that could injure you. Depending on the severity of your injuries you could consult an attorney, or take the restaurant to small claims court for up to $7500. Watch out for legal time limits.

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Answered on 6/08/09, 2:17 pm
Michael Stone-Molloy The Lion's Law Office

Re: Possible Lawsuit?

Yes, you could potentially have a case. Whether it merits court action depends on the severity of your injury. Please call me at 877-LION-FOR-LAW

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Answered on 6/08/09, 2:17 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Possible Lawsuit?

Okay, you have posted this inquiry several times. I take it that a dozen lawyers advising you that without injury, you don't have much of a case is not what you are looking for. So if finally ONE lawywer thinks you have a case, you will ignore the other 11? Let it go. No good will come of suing them, I promise you. Ask them to pay for the xrays and count yourself lucky you were not injured.

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Answered on 6/08/09, 3:07 pm
Terry A. Nelson Nelson & Lawless

Re: Possible Lawsuit?

Anybody can sue anybody for anything. Winning is different, and would require proof of liability, causation, damages, etc. You could request they pay, or could file a suit. Without substantial medical expenses that might justify an attorney's time, you could file in small claims case, but don't assume a winning case.

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Answered on 6/08/09, 3:36 pm


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