What is the name of your state? new york
my friend said he cracked his tooth in a restaurant earlier this evening while dining on a piece of fruited cake dessert which concealed a fruit pit he could not see resulting in horrific pain and a cracked tooth. he said he cried out in shock and pain, then almost choked to death when he swallowed the cracked tooth which was sizeable, but was able to retrieve the 1/2 of the cracked fruit pit which had lodged between his gum and remainder of the cracked tooth still intact.
he said when he asked the waiter to call the restaurant owner to come to the table, it took the owner 10 minutes to walk over since he was seated with others in the dining room but clearly viewed and heard the entire episiode. all the owner said when he felt and returned the cracked fruit pit to my friend was sorry, but there is nothing i can do.
my friend replied you have liability insurance just for personal injuries resulting in hidden unexpected items in your food you serve to the public in your restaurant which are conceled from the diner's view so you can put a claim in through your insurance company so they will pay the full cost for whatever the dentist needs to do to completely reconstruct the tooth, as well as my trasnportation costs since i no longer drive and each dental visit will cost me about $15.00 round trip by a taxicab since public transportation is not an option.
after much arguing on the owners part the owner finally said send me the dental bill and i will see, but i don't know if you will be paid by the insurance company at all, or when they will pay you if they decide to pay for it.
my friend said the owner did not seem sorry at all but really seemed very annoyed. he also said he did not think the owner would submit any claim thru his insurance company.
my friend replied his last dental appointment was 2 months ago, had no problems but just a cleaning performed, and that when he walked into his restaurant without any tooth problems tonight, ate the food his waiter served him, and then almost choked to death when he accidently swallowed the cracked tooth from the hidden fruit pit in his fruit cake, was uffering tooth pain, it would stand to reason that the restaurant owner is legally responsible to put a claim thru his ins. co., so they will pay for all the costs to have the tooth professionally fixed by my friends dentist, and pay for all transportation costs, especially since his dentist is only accessible by using a taxi cab and not public transportation.
my friend asked the owner for his business card and then in his presence and the presence of all present dining with my friend, he my wrote the date and that that he ate a piece of fruited cake, and the topping had a concealed fruit pit which when he bit down cracked his tooth. he also wrote owner will pay for all dental and transportation dental costs. he asked the owner to sign it and the owner just scribbled beneath what my friend wrote. of course his signature was not his full first and last name according to the front of his business card which listed his name in print along with the name, address and telephone of his retaurant. (bw the business card also stated all baking done on premises).
can anyone post and state in the above case of the restaurant owner is legally liable to pay the total cost for the complete tooth reconstruction, as well as the taxi transportation costs my friend will have to pay for each dental visit as a direct result of this dental personal injury
also what if he never hears from him again after he gives him the dental and taxi cab receipts should he put a claim through small claims court in new york which maximum is $5,000.00 and just list the court costs, lost wages from work he has to incur, any pain meds he must take, round trip taxi cab dental transportation costs, and the full dental reconstruction bill, and how long should he wait if he never hears anything before filing in small claims court?
thanks in advance for any and all replies
.What is the name of your state?
my friend said he cracked his tooth in a restaurant earlier this evening while dining on a piece of fruited cake dessert which concealed a fruit pit he could not see resulting in horrific pain and a cracked tooth. he said he cried out in shock and pain, then almost choked to death when he swallowed the cracked tooth which was sizeable, but was able to retrieve the 1/2 of the cracked fruit pit which had lodged between his gum and remainder of the cracked tooth still intact.
he said when he asked the waiter to call the restaurant owner to come to the table, it took the owner 10 minutes to walk over since he was seated with others in the dining room but clearly viewed and heard the entire episiode. all the owner said when he felt and returned the cracked fruit pit to my friend was sorry, but there is nothing i can do.
my friend replied you have liability insurance just for personal injuries resulting in hidden unexpected items in your food you serve to the public in your restaurant which are conceled from the diner's view so you can put a claim in through your insurance company so they will pay the full cost for whatever the dentist needs to do to completely reconstruct the tooth, as well as my trasnportation costs since i no longer drive and each dental visit will cost me about $15.00 round trip by a taxicab since public transportation is not an option.
after much arguing on the owners part the owner finally said send me the dental bill and i will see, but i don't know if you will be paid by the insurance company at all, or when they will pay you if they decide to pay for it.
my friend said the owner did not seem sorry at all but really seemed very annoyed. he also said he did not think the owner would submit any claim thru his insurance company.
my friend replied his last dental appointment was 2 months ago, had no problems but just a cleaning performed, and that when he walked into his restaurant without any tooth problems tonight, ate the food his waiter served him, and then almost choked to death when he accidently swallowed the cracked tooth from the hidden fruit pit in his fruit cake, was uffering tooth pain, it would stand to reason that the restaurant owner is legally responsible to put a claim thru his ins. co., so they will pay for all the costs to have the tooth professionally fixed by my friends dentist, and pay for all transportation costs, especially since his dentist is only accessible by using a taxi cab and not public transportation.
my friend asked the owner for his business card and then in his presence and the presence of all present dining with my friend, he my wrote the date and that that he ate a piece of fruited cake, and the topping had a concealed fruit pit which when he bit down cracked his tooth. he also wrote owner will pay for all dental and transportation dental costs. he asked the owner to sign it and the owner just scribbled beneath what my friend wrote. of course his signature was not his full first and last name according to the front of his business card which listed his name in print along with the name, address and telephone of his retaurant. (bw the business card also stated all baking done on premises).
can anyone post and state in the above case of the restaurant owner is legally liable to pay the total cost for the complete tooth reconstruction, as well as the taxi transportation costs my friend will have to pay for each dental visit as a direct result of this dental personal injury
also what if he never hears from him again after he gives him the dental and taxi cab receipts should he put a claim through small claims court in new york which maximum is $5,000.00 and just list the court costs, lost wages from work he has to incur, any pain meds he must take, round trip taxi cab dental transportation costs, and the full dental reconstruction bill, and how long should he wait if he never hears anything before filing in small claims court?
thanks in advance for any and all replies
.What is the name of your state?