I recently had my tooth chipped as a result of eating from a fast food chain restaurant. When the incident took place I was trick-or-treating with my children, so as a result I was eating while walking around our neighborhood. When I bit into the chicken nugget, I immediately heard and felt a rather loud crunch, but didn't immediately feel any discomfort in my broken tooth. Seeing as how right at that moment I wasn't yet aware that my tooth had been chipped, I immediately spat out the partially chewed food that remained in my mouth. Shortly after that I called the restaurant and explained what took place.
They filed a claim with their liability insurance, and after a very long struggle with attempting to get in contact with the claims representative, I finally was able to. After explaining the details of my situation to the claims rep, I was told rather bluntly that due to me not having any of the food/tooth evidence, they would not be able to pay any of the cost of fixing my broken tooth.
My question is, what alternative options (if any) do I have at seeking compensation from the individual restaurant franchise owner?
Thank you,
Chris
Answer
You can sue in small claims court. It will be hard to find an attorney to take it because the damages are, for a lawsuit, slight and it all comes down to whether a jury finds your claim as probably true without any evidence other than your testimony.
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