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Patrick, Esq.
Patrick, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 6786
Experience:  Attorney with significant personal injury experience
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Hi, Back on april 1st me and my wife and 1 and 2 year old went

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Hi, Back on april 1st me and my wife and 1 and 2 year old went to Logans Roadhouse for dinner, we order around $100 worth, ordered a brownie with ice cream that had nuts on it, we were sharing that and I took took a bite and started chewing and what I thought I was chewing on was a nut but I pulled it out of my mouth and it was a sharp screw that had some sort of plastic bracket on it..

The manager came over and said he was sorry and took the screw from me to find out where it came from, then he gave us a $20 gift card, he said he could not take anything off our check because we had already paid so it was fine.

So we left then not even a mile down the road part of one of my molars that I had a root canal done on had chipped off, and I am 100% sure it is due to the screw and me biting down on metal thinking it was a nut.

So when I got home I sent Logans corp a email off there website, then I get a call the next day from there insurance risk company, he recorded me and ask about the whole story I told him, and then he said so there was no real injurys and there was no real injurys per say, but could of been..

so they are offering me $150, - $150 won't cover my costs getting my tooth repaired, I countered and asked them for $1,000 due to my tooth and the stress of dealing back and forth with them for a month now countless emails and phone calls..

they said they did nothing wrong and it came from the brownie manufacture...

So I am at the point where I would like to file a small claims court case...

My questions is do you think its ok to ask for $1,000 in small claims court and do you think I have a chance of a judge ordering them to pay me that?

Also Would I need to file in my city county court or the city county court where the logans location we ate at is?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. I am so sorry to hear about this unfortunate restaurant experience and completely understand where you are coming from. Imagine if you had eaten the screw and it caused some sort of gastrointestinal puncture.

Can you explain what you mean in more detail when you say that one of your molars where you had a root canal done "chipped off"? Have you seen a dentist and gotten an estimate for the cost of the repair?

I very much look forward to helping you on this matter.
Customer: replied 1 year ago.

No I have not seen a dentist yet, I have been to busy as I work out of my house and have 2 young kids to care for.


 


Yeah my back molar had a root canal many years ago, now I would say 1/3rd of the tooth is gone and I am sure its from biting down while chewing the screw then after we left we were driving home and I coughed pretty hard and thought I coughed something up so spit out the car window then I felt right after that sharpness on that tooth looked in the mirror and sure enough part of the tooth is gone..


 


Now so much of the tooth is gone I am not sure if they could make a post on it to put a new tooth capped over it or not..


 

Expert:  Patrick, Esq. replied 1 year ago.
Josh,

Thank you very much for your reply.

Individuals who are injured as a result of the neglience of a third party are entitled to compensation for their medical bills and other out-of-pocket expenses they incur as a result of their injuries, "general damages" (meaning damages for general pain and suffering arising from the trauma of the incident and pain of the injuries), and loss of earnings to the extent that time off from work is necessary to rehabilitate. It is important to understand that the law does not recognize speculative harm as a form of damage, so your claim would be restricted to the injuries you actually incurred, not what could have happened, even though what could have happened is understandably upsetting to think about.

All of this in mind, what an individual in your circumstance needs to do is see your dentist. Without a professional assessment as to the injury you have incurred and the cost to fix it, there is no way to substantiate an injury claim and the restaurant is not going to take your claim as seriously as they should.

Going to a dentist will tremendously strengthen your claim because then you will have records which not only confirm but actually quantify your damage.

Right now, you have not presented anything to the restaurant which accomplishes either of these necessary things, and so the restaurant is not going to compensate you for anything other than the mere inconvenience and surprise of finding a screw in your food. You ARE entitled to more than that since you sustained an actual injury, but you need documentation to back it up.

Assuming you obtain the opinion of a doctor who confirms that your molar was recently chipped and provides you with an estimate of the cost for repair, you would be in a strong position to assert a claim not only for the cost of that repair, but for "general damages" in the amount of at least a few hundred dollars. In fact, if you need to have some sort of serious oral surgery because so much of the tooth is gone, it's possible your general damages claim will be worth a lot more than that.

But before you do anything you need a professional dental assessment--and dental bills--the support your claim. Othewise, though you may have sustained an injury, there is not sufficient proof of that fact, nor anyway of adequately valuing the harm you have incurred, and thus, little chance you can leverage a settlement or small claims award much in excess of the amount you already offered.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Customer: replied 1 year ago.

ok great advice, i will get to the dr asap.. thanks

Expert:  Patrick, Esq. replied 1 year ago.

Josh,

You are very welcome, I am glad that I could be of assistance.

Also, I forgot to address the other part of your question, which is where you would need to file. You would need to file your claim in the small claims division in the county court where the restaurant is located. There are conceivably other jurisdictional bases to bring suit in other counties, but they become very complex from a procedural standpoint, so the simplest thing to do would be just sue where the injury occurred.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Enjoy your weekend.

Patrick, Esq., Attorney
Satisfied Customers: 6786
Experience: Attorney with significant personal injury experience
Patrick, Esq. and 9 other Personal Injury Law Specialists are ready to help you

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