Legal Question in Consumer Law in New Mexico

While eating a salad topped with grilled boneless chicken breast I got what I can only assume was a bone. I had a witness at the time and called the manager immediately, as it broke half of my wisdom tooth to the gum line. I retained a portion of the object along with my broken tooth and gave the manager the other portion. I then went to a dentist who removed my top and bottom wisdom tooth as a result. I had to miss two days of work because of the oral surgery. The company is willing to pay a portion of the dental bill but shouldn't they be held responsible for the two days I couldn't go to work, the entire dental bill, and any pain and suffering? How should I pursue this? Should I take what they offered me?


Asked on 5/06/11, 3:41 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

They have insurance that would pay your medical bills up to $5,000. That's standard in all Commercial General Liability policies unless the business owner is a stupid pig. Bones in boneless chicken breast = liability. The case is worth at least $5000 for pain and suffering (another tooth would be $10,000, but wisdom teeth are unappreciated).

This case would do well in small claims court.

Read more
Answered on 5/16/11, 4:14 pm


Related Questions & Answers

More Consumer Law questions and answers in New Mexico