JETX said:
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.
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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.