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Straight pin!

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xata402

Guest
What is the name of your state? North Carolina

TO: I AM ALWAYS LIABLE

Thursday, 07-18-02, 5 P.M.:
Purchased a take-out fish dinner for my wife, five-year old grandson and myself from local restaurant (which we frequent regularly).

The slaw was packaged in a small container and capped. Opened said contanier and dumped contains into my plate and preceeded with my meal. Took the first bite of the slaw and felt something sharp penetrate the roof of my mouth between my front tooth and gum.

My first thought, a "fish bone". Pulled object from my mouth and discovered a metal "straight pin" (sewing pin)!

We immediately stopped eating our dinner and contacted the owner of the restaurant via telephone. He refused to acknowledge any negligence whatsoever on his part.

When we asked that he please return our money, he agreed only if we would return the straight pin! We refused.

I told him to please have his attorney contact us on the following day. No response.

Treated wound with Hydrogen Peroxide and the pain ended by later the next day. Did not go to a doctor.

Sent a letter to our local Health Department outlining the entire incident. No reply as of this writting.

What, if anything, should we do to resolve this unfortunate situation and, too help prevent it from ever happening to anyone else. Should we alert the media? Would like some sort of compensation for the disruptment of our life as well as the temporary pain and discomfort.

Thanks for the advice and have a super day!
 


I AM ALWAYS LIABLE

Senior Member
My response:

My first concern would be a communicable disease; e.g. Aids. Get to a doctor for testing, immediately ! Keep all medical receipts and copies of medical reports.

What is the date of injury?

Do you still have the receipt for the purchase?

Then, when you're done with the doctor, let me know, and we'll address the rest of your legal situation - - but, get to a doctor immediately!

IAAL
 
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xata402

Guest
Thank you for your fast reply. Never considered AIDS! Will go to the doctor ASAP.

Incident happened on Thursday, 07-18-02, at approximately 4:55 P.M.

Paid by cash. Do not have a receipt - merchant never gives us a receipt.

I (do have) the plate of food (slaw) and the straight pin enclosed in a plastic bag and stored in a cool place.

Thanks.
 
X

xata402

Guest
To: I AM ALWAYS LIABLE


Went to Hospital Emergency today and was told (after waiting for 2.5 hours) that no test could be performed on the straight pin for contamination. As a matter of economics, they advised me to go to a private doctor to have a blood test performed. My wife is in the process of setting this up as I type.

What actions should I take next? Thank you so very much for your suggestions and assistance.

Have a nice day!

[email protected]
 

I AM ALWAYS LIABLE

Senior Member
xata402 said:
To: I AM ALWAYS LIABLE


Went to Hospital Emergency today and was told (after waiting for 2.5 hours) that no test could be performed on the straight pin for contamination. As a matter of economics, they advised me to go to a private doctor to have a blood test performed. My wife is in the process of setting this up as I type.

What actions should I take next? Thank you so very much for your suggestions and assistance.

Have a nice day!

[email protected]
My response:

Regardless of what can, or should, be done from a legal standpoint, I'm extremely happy that you've sought medical attention. Your health is, and always should be, your first and primary concern.

Your medical billing becomes your "Damages" and, with any case of "Negligence" such as this, you have to prove Duty, Breach of Duty and "Damages". In this specific case, you will need to prove to a judge that there is a nexus, a connection, between the food and the needle; i.e., that the needle was in the foodstuffs, and that the restaurant failed in their duty to inspect their food prior to sale to you, proximately resulting in your injuries and damages.

In the absence of a causal connection, this could easily turn into a "he said / she said" argument in court. As the plaintiff, you carry the burden of proof, and must "tip the scales of justice" ever so slightly in your favor in order to win.

But listen, if you don't file a Small Claims action, and at least drag the restaurant owner into court, you'll never know what you can accomplish. Who knows, the restaurant just might make you an offer to settle; e.g., medical costs, and a small amount for your pain, suffering and incidentals.

IAAL
 
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xata402

Guest
Thank you, I AM ALWAYS LIABLE. I'll consider your suggestions and after I receive the results from the blood test, I may indeed look at litigation.

I thank you for your time and effort and will let you know the outcome.
 

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