Legal Question in Personal Injury in Maine
Big Mac
While eating a sandwich at a MacDonald's, a sharp object in the meat punctured my gum and became wedged between my gum and tooth. There was bleeding. I was able to remove the object, which appeared to be a piece of plastic or bone. Do I have any legal recourse in this matter?
1 Answer from Attorneys
Re: Big Mac
Thank you for the question. Each case is highly fact specific. There may be a fact in your situation of which I am unaware that would change my answer. However, based upon the information you provided, there does not appear to be a sound basis for legal action.
Every lawsuit has two basic considerations: proving liability and determining damages. Sometimes liability may be crystal clear (for example, your car was rear-ended as it sat waiting for a green light), but without damages it will be difficult to find an attorney to assist you with the case. (as in our example, luckily the rear-end collision was at such low speed that your vehicle sufered no damage, and you were not injured in any way)
Given your question, liability needs to be proven. Did you save the object? Did anyone see you bite into it? Was the object bone or plastic? If it was bone, which is naturally associated with hamburger, it would be more difficult to prove negligence on the part of the restaurant than if was plastic, a foreign body to hamburger. In addition to liability, there does not appear to be any damages associated with the incident, other than a cut which did not need medical attention.