What is the name of your state? new york
my friend called and 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, and as a result cracked his tooth, cried out in shock and pain, then almost choked when he swallowed the cracked tooth, but was able to retrieve the 1/2 of the cracked fruit pit which had lodged between his gum and remainder of cracked tooth.
he said the pain was horrific and that he would probably now need to have the tooth fully reconstructed if possible, and a new expensive crown installed, and he does ot have any dental insurance, and it would be a real hard ship for him to pay for this himself without the restaurant owner reimbursing him for all related costs.
he said when he asked the waiter to call the restaurant owner to come to the table the owner said sorry, but there is nothing i can do, to which he 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 since oyu have liability insurance 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.
the owner said send me the 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 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 since i had my last dental appointment 2 months ago and had no problems but just a cleaning and i walked into your restaurant without any tooth problems today, ate the food your waiter served me, and then almost choked to death when i accidently swallowed the cracked tooth from the hidden fruit pit in your fruit cake, am suffering in pain now, it stands to reason that you are responsible to pay for all the costs i incur to have the tooth professionally fixed by my dentist and pay for all transportation cost since my dentist is only accessible to me by using a taxi cab.
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?
thanks in advance for any and all replies
.
my friend called and 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, and as a result cracked his tooth, cried out in shock and pain, then almost choked when he swallowed the cracked tooth, but was able to retrieve the 1/2 of the cracked fruit pit which had lodged between his gum and remainder of cracked tooth.
he said the pain was horrific and that he would probably now need to have the tooth fully reconstructed if possible, and a new expensive crown installed, and he does ot have any dental insurance, and it would be a real hard ship for him to pay for this himself without the restaurant owner reimbursing him for all related costs.
he said when he asked the waiter to call the restaurant owner to come to the table the owner said sorry, but there is nothing i can do, to which he 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 since oyu have liability insurance 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.
the owner said send me the 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 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 since i had my last dental appointment 2 months ago and had no problems but just a cleaning and i walked into your restaurant without any tooth problems today, ate the food your waiter served me, and then almost choked to death when i accidently swallowed the cracked tooth from the hidden fruit pit in your fruit cake, am suffering in pain now, it stands to reason that you are responsible to pay for all the costs i incur to have the tooth professionally fixed by my dentist and pay for all transportation cost since my dentist is only accessible to me by using a taxi cab.
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?
thanks in advance for any and all replies
.