Legal Question in Personal Injury in California
I had found a piece of glass in my pastry from Safeway bit it and hurt my mouth but I wasn't sure if there was damage. I talked to the claims department they said to go get my mouth looked at an to let then know if there was damage. I got an x ray and a deep cleaning done on the side of my mouth to make sure there were no fragment pieces. They found no damage and I updated the claims department that there was no damage and I would be sending the reciept from the dentist. That all seemed fine. Today I got in touch with the guy by email and then over phone he told me that safeway doesn't owe me anything because there was no damage and I have to cover the cost of find out if there was a problem, because they are not responsible for them. think this is so wrong I am not asking for the gas or child care cost i paid to go to the dentist that day. I feel like what he is doing is wrong. Is it legal?
1 Answer from Attorneys
This type of response is typical of insurance claims adjusters, and, in my opinion, wrong.
California's standard civil jury instructions make an intentional word choice of using the word "Harm" instead of "Loss," "Injury," or "Damage" when it discusses the essential factual elements of a claim of Negligence. See, CACI 400. Negligence - Essential Factual Elements. (http://www.courts.ca.gov/partners/documents/caci_2014_edition.pdf)
If you can prove you were "Harmed" by the piece of glass, then you may have a successful claim against Safeway.
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Did you keep the glass that you found in the pastry? Did you also keep the receipt for the purchase of the pastry? These things are evidence and will help prove your claim. Keep them in a safe place in an unaltered condition. I would suggest putting them in a ziplock bag.
Keep a journal of the dates of the phone calls and the general substance of the conversation with the claims adjuster. Also write down the person you spoke with along with their contact information. Obtain your medical records from the dentist's office to show why you went in for the treatment and what the diagnosis and findings were. The medical record might actually state that you were eating the pastry and bit down on a piece of glass, prompting the dentist's appointment for a clean and x-ray. This will help you prove your claim. The bills for the treatment unfortunately need to be paid by you ahead of time if you want to avoid collections. The bills and payment for treatment is evidence of your damages.
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Hope that helps!
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