fast food misshap

[Zigner]

What is the name of your state (only U.S. law)? illinois
i went to a fast food chain and bought a sandwich. i was eating the sandwich at home and in the middle of eating this i had gotten a sharp pain on the roof of my mouth in he gum area. i pulled what was an arrow head shaped bone from the area. there is a small cut and i have been pulling out small fragments of bone. i called the company and they told me someone would contact me. i want to go to the dentist because i believe there is a sliver of bone still in the area where the cut is at. what do i do?

Go to the dentist.

 

[jiggy78]

Just FYI what you bit down on is not a "foreign substance" since bone is naturally concurring in any meat product.

And go to the Dentist. The last thing you want is a raging infection in your mouth.

 

[boricues]

ok so i went to the dentist they removed another fragment of bone. i understand the this was not a foreign object but this was not a little bone i saved it and with all the chards and pieces this bone is as wide as a nickle. i know they process the meat and put it in a mold to get it into the shape of the rib but the regional manager says they take precautions to insure things like that do not happen. he wants me to go and drop off the piece at the store. do i wait until they pay my dentist bill or do i just give them the pieces?

 

[Zigner]

ok so i went to the dentist they removed another fragment of bone. i understand the this was not a foreign object but this was not a little bone i saved it and with all the chards and pieces this bone is as wide as a nickle. i know they process the meat and put it in a mold to get it into the shape of the rib but the regional manager says they take precautions to insure things like that do not happen. he wants me to go and drop off the piece at the store. do i wait until they pay my dentist bill or do i just give them the pieces?

Why do you think they will pay your dental bill? They have no legal requirement to do so (but they may from a customer-service standpoint).

 

[Mass_Shyster]

Just FYI what you bit down on is not a "foreign substance" since bone is naturally concurring in any meat product.

And your point is?

Food processors and manufacturers are subject to "reasonable expectation" test that, regardless whether substance in food product is natural to ingredient thereof, liability will lie for injuries caused by the substance where the consumer of the product would not reasonably have expected to find the substance in the product; "foreign-natural" doctrine is no longer applicable. Jackson v. Nestle-Beich, Inc., 589 N.E.2d 547, 548-49 (Ill. 1992).

 

[Mass_Shyster]

ok so i went to the dentist they removed another fragment of bone. i understand the this was not a foreign object but this was not a little bone i saved it and with all the chards and pieces this bone is as wide as a nickle. i know they process the meat and put it in a mold to get it into the shape of the rib but the regional manager says they take precautions to insure things like that do not happen. he wants me to go and drop off the piece at the store. do i wait until they pay my dentist bill or do i just give them the pieces?

You may want to see an attorney first.

 

[Zigner]

You may want to see an attorney first.

Based on what? What if our OP's total out-of-pocket costs are $200? Is it worth the attorney then?

 

[boricues]

it is a product that they sold to me. i am not looking for money i am just looking for payment of the dentist. why should i pay $5.50 for the product and then another 160.00 for the dentist. that is an expensive sandwich. i am just looking for advice last thing i want is getting stuck with a $160.00 dentist bill. i will go to the store but i wont hand them the pieces until they assure me they will at least compensate me on the dentist visit. thanks for the advice stevef i just don't want to bring in a lawyer until it is the last resort.

 

[Dave1952]

Sorry about your injury. I gather that you were injured by a piece of sharp bone in a sandwich purchased from a restaurant. You needed and received treatment for this injury. You have a bill for $160 for this. You have notified the local restaurant and the higher ups. They wish for you to show them the bone.
Seems reasonable, so far. Call and arrange a visit with the manager. Show him the bone and the bill. I'd expect that he'll call the higher ups and they'll ok a payment of the bill. If not, you may wish to consider small claims court. As others have said it's not clear which way the judge will rule. You've done pretty much everything in a good and timely fashion. You can make a strong claim that you were injured by the bone.

 

[Zigner]

Didn't notice the spam in the sign line huh?

 

[Zigner]

But ... But ... But I saw no spam!

In fact, I thought we'd used up ALL of the Spam as projectiles when we rid the world of zombies last week!

The Spam factories are very efficient. Reserve supplies are almost back to maximum capacity again...

(ETA: The poster probably came back and added a sig line after posting.)

 

[Proserpina]

Now THAT is dedication to the craft...I bow before you.

Tins of Spam and old ABBA LPs. Save the "Spicy" and "Jalapeno" varieties for the Really Big Zombies (imagine zombie Vin Diesel and/or zombie Jack Bauer).

That's what will kill the zombies. Trust me on this one.