found a roofing nail in food of a well known food chain

[rhonda999]

in may of 2000 my 14 year old daughter took a bite of a gordita from taco bell and bit a hard object that was in her mouth, she pulled it out and it was a roofing nail. we immediately went to the emergency room and they advised us to see our dentist. the dentist found no visible evidence but she was in pain. we then went to another dentist and he found that she had tmj which he says that the nail aggravated the tmj. now we have bills close to $1000. and all taco bell wants to pay is $600. is this normal that a child could have swallowed the nail becoming seriously injured or even killed that all they want to take responsibility for is a mere $600. i'm not wanting to close taco bell down but i want to make sure that my attorney that i got to handle this is doing everything i hired him to do which to is pay for everything that was a result on my daughter coming in contact with the nail.
please advise. thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You failed to mention your state but generally with food products, if this product was not natural to the food (like cherry pit found in cherry pie), then you have what taco bell is fighting tooth and nail (forgive the pun) to deny: major liability.

Your daughter has quantifiable damages in the form of medical bills and pain and suffering.

Please go to this link to read more:
http://injury-law.freeadvice.com/defective_products/

 

[rhonda999]

thanks lawrat for your reply, i live in mississippi. i still do not know what i should do now as far as my attorney not going to bat with taco bell on this. its like he only wants to settle for whatever and should accept it. oh, he has waived his attorney fees since they aren't offering the full amount of the medical bills. isn't that nice of him? ha! can you tell me the next step i should take? should i get another attorney? thanks

 

[lawrat]

Yeah, get another attorney, especially if this one has waived his fees. No loss for you. YOu are entitled to all your paperwork thus far he has accumulated, etc. Take this with you to your new attorney and start from there.

Is your second post something else? Intentional nail?