Broke tooth on Pizza, what to do?

What is the name of your state? Indiana

Ok, I ordered Pizza last night and was eating it. Bit into something very hard and broke my tooth in half. Recovered object and was a large seed (can be viewed in link below). I called the establishment and tried to describe the object and she didn't get the size of it, so I took it down there and she tried to refund money for pizza and keep the object. I told her no. It is a large pizza chain. I really want to get my tooth fixed (it hurts badly), but what should I do? I am more upset that one of my little kids could have choked on it instead of breaking tooth. Worried that it might happen to someone else**************

[url]http://www.panteraland.com/object.jpg[/url]

casperess52

[lunch]

That seed does not look big enough to choke on, in my opinion.

Originally Posted by casperess52

What is the name of your state? Indiana

Ok, I ordered Pizza last night and was eating it. Bit into something very hard and broke my tooth in half. Recovered object and was a large seed (can be viewed in link below). I called the establishment and tried to describe the object and she didn't get the size of it, so I took it down there and she tried to refund money for pizza and keep the object. I told her no. It is a large pizza chain. I really want to get my tooth fixed (it hurts badly), but what should I do? I am more upset that one of my little kids could have choked on it instead of breaking tooth. Worried that it might happen to someone else**************

[url]http://www.panteraland.com/object.jpg[/url]

casperess52

You need to contact the corporate or main office and let them know of the situation and see what they say. You may also want to go back into the restaurant and tell them you want an accident report filled out. Then contact an attorney if the corp. office doesn't give you satisfying info. I must inform you, if your are seeking monetary compensation it will be extremely hard for you, especially if you consumed your food in your own home. You would have to prove that the object found in your food came from the restaurant and was actually in the pizza you ate. Being a former restaurant owner and a restaurant manager for years I can tell you that on very little occasions is a consumer awarded compensation for this situation, at best you may receieve medical compensation from the company, but it appears from your post that is all you are seeking. Based on looking at the seed in this pic, it doesn't appear that it would come from a pizza joint, not saying that it didn't but if the restaurant doesn't use any ingredients that have that type of seed, it can make your claim that much harder to prove. You should have accepted the refund, that would have at least shown a court (if it goes that far) that they accepted resposibility and in some way fault for the seed.

"I am more upset that one of my little kids could have choked on it instead of breaking tooth. Worried that it might happen to someone else**************"

I understand your worries and concerns, however, this type of thing happens everyday in every restaurant, it is human error and unfortunately will continue to happen.

And as for the previously reply from "LUNCH"...are an idiot? of course a child could choke on even smaller objects than that seed!!!!!

[cmorris]

Another thought...Sometimes if a tooth is weak, it will break when you are eating, sleeping, etc. If that is the case, it would not have mattered if you were eating pizza (with the seed), cereal, whatever. It would just be a matter of time.

They said when I called it was probably a seasoning seed from the italian sausage, when I took it in, they were amazed and said they have never seen one that big.

They tried to fill out the report, but wanted to keep the seed. I would not let them keep it so she said she couldn't fill out a report.

I don't care if my tooth was bad, there should not have been something that size and as hard as a rock on my pizza in any case! And yes a child could have choked on it. My children are 2 and 3 and are small enough that it could have choked them.

Originally Posted by casperess52

They said when I called it was probably a seasoning seed from the italian sausage, when I took it in, they were amazed and said they have never seen one that big.

They tried to fill out the report, but wanted to keep the seed. I would not let them keep it so she said she couldn't fill out a report.

I don't care if my tooth was bad, there should not have been something that size and as hard as a rock on my pizza in any case! And yes a child could have choked on it. My children are 2 and 3 and are small enough that it could have choked them.

You shouldn't have and rightly so didn't give them the seed, however they are required to fill out the accident report for any claims brought to them whether true or false. At this point I would just contact the corp/main office and explain to them exactly what happened and that they refused to fill out an accident report. Did you get the name of the manager and/or employee who refused the accident report? and as far as the seed in your food goes, if the seed is from a seasoning spice that happened to get into your food I don't think that's a basis for suit against the restaurant unless it is proven that it was intentionally put there by an employee. Most of our lawsuits came about when a guest chewed on a bug in their salad and got sick!!! It's gross, I know...But unfortunatley produce is naturally grown in soil and no matter how well you wash a case of lettuce there will always be that one pest hiding in there. So needless to say the suits do not get very far because we as restaurantors are not considered negligent. I would imagine the same would go for a "seed" from the seasoning...When an employee removes spices from the can or jar they are most likely doing so with a scooper of some sort and can't possibly know that there is a seed buried in it. Should the company pay for medical...absolutley, I would. Are they legally obligated too, that would be up to a court to decide.

"And yes a child could have choked on it. My children are 2 and 3 and are small enough that it could have choked them"

You are absolutley right, don't pay attention to that comment made by "Lunch", my son choked on a reeses peices when he was 3, and I assure you that that peice of candy was smaller than the seed.

I did contact main office thru email on thier website with a complaint and let them know the story and that they would not file a report without the seed. I am sure she will let someone higher up know about it, but refused to me to fill the report out.

[rmet4nzkx]

Originally Posted by dan148

Y Most of our lawsuits came about when a guest chewed on a bug in their salad and got sick!!! It's gross, I know...But unfortunatley produce is naturally grown in soil and no matter how well you wash a case of lettuce there will always be that one pest hiding in there.

One day I was eating seedless grapes from a fruit tray, and started eating one that was a little deydrated but not bad, then noticed as I chewed, it didn't have the usual grape flavor but another flavor in addition to it. As I chewed, I noticed it was in fact, very chewey and had a protein flavor to it, BLACH!!!!!
You guessed it, it was a worm, and I lived to tell the tail/tale lol!

I once bought some "black Bean salad" and my son bit down on a rock, luckly he didn't break a thooth, I went back to the store, a well known "Organic " chain and complained to the manager, they refunded my money, I never bought anymore food there, but there was not enough to bring suit.

If OP's tooth was already less than sound it would be hard to prove any more, they may however pay for the repair after you complain.

[JETX]

Originally Posted by casperess52

Worried that it might happen to someone else**************

What you have looks more like an olive pit than a seed. And if your primary concern is that it not happen to others, then simply sit outside their store (for as long as you can), holding out the seed and saying to all that enter: "Warning!! This seed could be in your pizza!! Do not order olives!".

However, if you are looking for some kind of 'lotto' win compensation (no matter how some people respond in this thread), it simply is NOT going to happen. The most you might end up with is a few coupons for pizza.
Reason: Unless you can show that the pizza restaurant was somehow CONSTITENTLY negligent (not just a one-time occurence) in allowing this to be in the food, or that it was put in your food on purpose, they are NOT liable.

Originally Posted by casperess52

I did contact main office thru email on thier website with a complaint and let them know the story and that they would not file a report without the seed. I am sure she will let someone higher up know about it, but refused to me to fill the report out.

Tomorrow you need to call and speak with someone in the main office and take it from there....Again, I will reiterate...I don't believe there is a basis for suit due to negligence, however if they are a big chain I see no problems with them offering medical compensation. And If I am not mistaken there is only a small window of opportunity to fill out an accident report from the time of incident so I would go to the restaurant and demand that one be filled out, without that you have nothing, not even medical compensation.


"As I chewed, I noticed it was in fact, very chewey and had a protein flavor to it, BLACH!!!!!
You guessed it, it was a worm, and I lived to tell the tail/tale lol! "

That is a first for me, I have not come across worms yet, however, rocks, dirt, bugs, twist ties....I've seen it all.

[JETX]

Originally Posted by dan148

Tomorrow you need to call and speak with someone in the main office and take it from there....Again, I will reiterate...I don't believe there is a basis for suit due to negligence, however if they are a big chain I see no problems with them offering medical compensation.

Is that your LEGAL opinion, or some "warm fuzzy 'gee, they otta' opinion"??
And since this is a LEGAL Advice site after all, I am looking forward to you providing any LEGAL support for your opinion.

Originally Posted by JETX

Is that your LEGAL opinion, or some "warm fuzzy 'gee, they otta' opinion"??
And since this is a LEGAL Advice site after all, I am looking forward to you providing any LEGAL support for your opinion.

This is just my opinion based on experience in this matter, I have sat in litigation and attended several depos for this sort of thing and most of the time it is settled through an arbitrator in which the company is not at fault. However I have seen it both ways, I have seen a judge or arbitrator rule that a company be held responsible for medical compenstation for the exact situation or even the company just agreeing to medical compensation without all the legalities. Therefore, based on personal and first hand experience it is my opinion that the OP conatct the main office for the possibility of receiving some sort of medical compensation. And what I mean by that is, the OP gets the tooth fixed and then submits the bill to the company, if the company should agree to that. Otherwise, I agree with your replies, as I have also replied the OP by stating that it would be hard to prove the restaurant was negligent. In closing.. being found negligent and offering to pay the medical bill are two different scenarios. And furthermore, like I said, If this is in fact a large chain, I don't see a problem with the company offering medical compensation. That doesn't mean that I am sure they will nor does it mean that they are legally obligated too, it is merely a statement based on what I have seen happen quite a few times.

[JETX]

Originally Posted by dan148

This is just my opinion based on experience in this matter

So, just how much 'product liability' experience do you have??

I have sat in litigation and attended several depos for this sort of thing and most of the time it is settled through an arbitrator in which the company is not at fault.

Considering that your profile says you are "not an attorney nor do I have an education in 'LAW'", just exactly HOW did you manage to sit in this litigation and/or depos??

Contrary to your posts, the FACT is.... this case will NEVER see the light of a courtroom.... and without ANY evidence that this incident is negligence or malice, will never get to a lawsuit.... to be deposed or arbitrated.

However I have seen it both ways, I have seen a judge or arbitrator rule that a company be held responsible for medical compenstation for the exact situation or even the company just agreeing to medical compensation without all the legalities.

Again, I ask you to provide ANY legal case or citation for your claim. And if you can't, then it is apparent that this is your personal OPINION without ANY factual basis in law.

Originally Posted by JETX

So, just how much 'product liability' experience do you have??


Considering that your profile says you are "not an attorney nor do I have an education in 'LAW'", just exactly HOW did you manage to sit in this litigation and/or depos??

Contrary to your posts, the FACT is.... this case will NEVER see the light of a courtroom.... and without ANY evidence that this incident is negligence or malice, will never get to a lawsuit.... to be deposed or arbitrated.


Again, I ask you to provide ANY legal case or citation for your claim. And if you can't, then it is apparent that this is your personal OPINION without ANY factual basis in law.

I beleive you are wrong (with all due respect)...I have sat in a court room and/or an arbitration seeing that I was an owner who has gotten sued because of the exact same situation. And I have been depo'd numerous times for this exact situation to explain to the suing attorney under oath the facts of the situations that had occurred in my restaurant as to why and how a foreign object got in the food. And being that I was an owner of a restaurant who had gotten sued I think I would know what the outcome was.
And most of time the restaurant was not at fault, However, I have seen and have been involved with the decision making on how a restaurant wants to handle these sort of claims, and I have seen medical compensation be rewarded and I have chosen to compensate for medical bills in certain situations. This is not my opinion, this is fact, I was there and was involved. However, what I am suggesting to the OP is opinion based on the facts in which I just explained. I know this will PROBABLY never see a court room, but I also know it wouldn't be out of the ordinary for the company to agree to medical comp. for the tooth.

If a person came to you and said "I Burnt myself on hot coffee from MCdonalds as I was driving my car" would you say they had a suit?? My guess is no, you wouldn't, you would say the same as you are saying here..The company is not negligent for the way he/she drives.
My point is, there is and will always be an attorney who feel they could win and benefit from even the oddest situations.
So once again, I say to the OP..Based on my factual experience and seeing this exact type of thing all the time, it is not unheard of that you conatct the Main Office and MAYBE they will help you with the medical bill, if not...Based on my factual experience it is not unheard of that a lawyer take this claim and attempt to recover damages through arbitration or suit.

"Again, I ask you to provide ANY legal case or citation for your claim. And if you can't, then it is apparent that this is your personal OPINION without ANY factual basis in law"

I would be more than happy to show you any of the dispositions from my restaurants suits/arbitrator rulings, and you will see that "PLANTIFF" was awarded such and such.....Or I can probably dig up some old medical bills that my restaurant has paid for our guests due to an accident of some sort.

"The courts will apply one of two different tests to determine if a foodservice establishment is liable to a guest for any damages suffered from eating the food. (In the case of the stone found in the refried beans, the damage may consist of a broken tooth from biting down on the small stone). One test seeks to determine if the object is foreign to the dish, or a natural component of it. If the object is foreign, then the implied warranty of merchantability (fitness) under the UCC is breached, and the foodservice operator would be held liable. If it is a natural component the warranty is not breached. For example, the stone in the refried beans, though commonly found in large bags of raw beans, would be considered foreign, and thus the food service operator would probably be responsible"

So, if the picture is fact an olive pit and the OP was eating a pizza with olive topping than the company is not at all held liable. If the OP was eating a pizza that did not contain olive toppings, than I would venture to say based on this quote from this attorney that a liability claim can be pursued. However we do not know what that object is and we do not know what type of pizza the OP was eating.