choking on take out food

[luvblubs]

i live near Harrisburg Pa. last week 2 co-workers and i ordered take out chinese food for lunch. i bit into my eggroll only to find myself choking. i had to physically remove the object which turned out to be a 3-4 inch piece of shiney metal. should i pursue this?

 

[I AM ALWAYS LIABLE]

i live near Harrisburg Pa. last week 2 co-workers and i ordered take out chinese food for lunch. i bit into my eggroll only to find myself choking. i had to physically remove the object which turned out to be a 3-4 inch piece of shiney metal. should i pursue this?

My response:

I find this a bit difficult to believe.

Usually, people chew their food before swallowing. That being the case, and if this happened the way you say it did, you would have chewed on the "3-4 inch piece of shiney metal" before swallowing and known something "was wrong" - - unless you're in the habit of biting into food and swallowing without chewing.

Getting past that problem, however, is the other problem of sustaining physical damages. Since you never mentioned that you were hurt, or went to see a doctor for treatment, I can only presume that you weren't hurt. Therefore, your claim against the restaurant would fail, anyway. You would need to have suffered damages in order to prevail.

IAAL

 

[luvblubs]

choking

first of all Mr.liable,
I am not a pig and do practice the art of chewing before swallowing. The piece of metal that was stuck in my throat was small, as in the size of tinsel, like a sliver from opening a can. Perhaps mistaking it for a firm piece of vegetable in the eggroll. The case here is I never noticed it till it was lodged in my throat and yes have been to see the doctor for irriation to my throat.
Just thought i would clear that up for you. It said to be brief when i posted the message.