Legal Question in Personal Injury in California

Metal found in food served at a restaurant

I ordered food at an Indian fast-food restaurant and almost choked on a twisted piece of metal that was in the food. I gagged and spit it out. It has me afraid of eating out again.

Is this a case for a lawsuit?


Asked on 3/13/05, 10:35 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Metal found in food served at a restaurant

I disagree with part of Mr. Atanous' answer. He is right that you have a good case for any physical injries you sustained, but he may not be right about your psychological damage. Some people are more vulnerable to such damage than others, and the law recognizes this fact by making the person who caused it liable for the harm if it is reasonable for someone *with your psychological condition*.

If your condition is normal then I agree that your fear is irrational (being afraid to eat in the same restaurant is rational, but fearing *all* retaurants is not) and would not support a claim. But if you have a neurosis or other condition which makes you more vulnerable to this type of harm, the analysis might be different.

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Answered on 3/16/05, 4:45 pm
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Metal found in food served at a restaurant

Sorry to hear about your situation. If you were injured and have medical records to document your injuries, you may have a case. As for your fear, it is unreasonable. How many times have you eaten out before and never had a problem? It was a freakish event and that does happen. Without any injuries (cuts, broken teeth, etc.) and no medical treatment (or psychologist visits to document your fears), your case is worth little to nothing. Hopefully, you reported it to the restaurant and mabye at least got a free meal. Good luck and thanks for your question.

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Answered on 3/15/05, 8:47 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Metal found in food served at a restaurant

Yes you have a civil case. Call me directly at (619) 222-3504.

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Answered on 3/16/05, 1:00 pm


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