What should I do if this happens again?

[pcmentor]

What is the name of your state (only U.S. law)? CA

I was eating at a barbeque restuarant and took a bite and then found a 2 inch stiff wire in my mouth. I told the waitress and she seemed uninterested. How long can I wait before doing something legal? This was 3-4 years ago. What should I do if something like this happens again? Do I call a personal injury attorney I see advertised on TV? What kind of legal help do I find to really stick it to the careless restaurant? Thanks

 

[Just Blue]

What were your damages? Did you have medical expences?

 

[ecmst12]

You were not injured so you have nothing to have recourse for. Next time ask for a fresh plate, or to have it taken off your bill, and don't eat there again.

 

[lealea1005]

What is the name of your state (only U.S. law)? CA

I was eating at a barbeque restuarant and took a bite and then found a 2 inch stiff wire in my mouth. I told the waitress and she seemed uninterested. How long can I wait before doing something legal? This was 3-4 years ago. What should I do if something like this happens again? Do I call a personal injury attorney I see advertised on TV? What kind of legal help do I find to really stick it to the careless restaurant? Thanks

So you've been stewing (excuse the pun) over this for 3 or 4 years?

What did the manger of the restaurant say when you spoke with him/her?

 

[pcmentor]

I didn't talk to the manager, I know dumb. Do I need to have damages not potential damages? Can I get money anyway because they were negligent even thoug I wasn't hurt? Is that another forum, which one? Yes I stew alot.

 

[quincy]

The statute of limitations in California is two years for personal injury/negligence suits.

If you were to, again, find a 2-inch stiff wire in your mouth from eating at the barbeque restaurant (which is, hopefully, unlikely), AND the wire caused you injury, then you would want to show the manager of the restaurant the wire, see a doctor about the injury you incurred as a result of chomping down on the wire, then see an attorney within the two year period of time allowed to bring suit. Since wire is not a natural substance expected to be found in any meal served, you may (or may not) have a suit you could win.

You would, however, be spending a LOT of money to bring such a suit, so if your injury was not severe, you would be better off following the advice of those above - ask for another meal, ask that you get the meal for free, and then find another place to eat in the future.

 

[pcmentor]

Thankyou, this was very helpful!

 

[ecmst12]

No, you can't get any money if you did not experience any injury.