Legal Question in Personal Injury in Texas

Tooth injury at La Madelaine

When I was at a La Madelaine restaurant, something very hard in my sandwich caused my crown to crack. I filed an accident report at the restaurant immediately. The same week I went to a dentist and had to get a new crown, which cost me $1200. A week later and insurance adjuster from Liberty Mutual called me and rejected my claim on the basis of missing object. The object that I bit on was very small, and I could not find it.

Is the restaurant not liable just because the object is missing? Are there cases where even if the object is not found, the restaurant is liable?

Isnt that similar to a wet surface dyring out later and the person injured cant prove it?


Asked on 2/13/08, 4:17 pm

3 Answers from Attorneys
Ryan Bormaster D. Miller & Associates, P.L.L.C.

Re: Tooth injury at La Madelaine

I may be able to help you. Email one of my case managers, Madhu at the following email address: "[email protected]". Leave your contact information. He will get back to you. I don't charge for consultations or initial conference calls with potential clients.

Ryan B. Bormaster

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Answered on 2/14/08, 4:03 pm
Lenore Shefman Shefman Law Group

Re: Tooth injury at La Madelaine

You can always make a claim, the question is will you win. The second question is will it be worth it?

Seems like the insurance company (as slimy as it is) has a good defense and knowing your damages are low it would be a hard case to get an attorney to work on. I wish you the best.

visit us at: www.thelonestarattorney.com, 4015 Marathon Blvd., Austin, TX 78756 or call, the phone number is listed on our website.

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Answered on 2/13/08, 4:32 pm
Roger Merrill Merrill & Associates

Re: Tooth injury at La Madelaine

A plaintiff, that's what you would be, has the burden of proof at trial. So, you would have to prove that there was something hard in the sandwich. What was it? You can't even say. The only proof you have is your word that you bit into something tiny while eating a sandwich and the fact that your tooth is in need of repair. Were you with anyone who heard the cracking sound? If so, give that person's contact information to Liberty and they might be willing to do something.

If you had a slip and fall case with no witnesses and nothing apparently on the floor to back your story, then you'd have a lot of trouble proving that kind of case too.

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Answered on 2/13/08, 6:32 pm


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