Legal Question in Consumer Law in California
My husband bit into a taco at a fast food restaurant and shattered his bridge. Who is respoinsible for restitution - the restaurant or the company that supplied the meat for the taco to the restaurant? The restaurant has denied our claim. We need to know who to serve in small claims court.
3 Answers from Attorneys
What caused the bridge to shatter? Perhaps it was bad workmanship by its manufacturer, or by the dentist who improperly placed it. Was there something about the meat that was unusual? These questions might pose problems for you if they're unanswered and you go to small claims court.
You will not win against the taco shop unless you show that the taco shop was somehow negligent in serving the food. Why do you think the taco shop is responsible? It does not seem like a case unless there was a foreign object in the food.
Mr. Cohen is correct. Unless there was a foreign object in the food, you will not get anywhere with a suit against the restaurant or the supplier of the meat. And bones don't count, at least not all the time. There was a fairly recent case that affirmed that chicken bones in a burrito (or maybe enchilada, I forget exactly) were a reasonably normal risk of eating at a restaurant.
Related Questions & Answers
-
Do I have to pay a mechanic if he cant fix my car? Asked 3/25/11, 6:13 pm in United States California Consumer Law
-
I am being sued for credit card debt collection. My court date to appear is March... Asked 3/25/11, 12:00 pm in United States California Consumer Law