Q: If you're at a seafood restaurant and an oyster has a pearl in it that cracks a molar are they responsible ?
The waitress and cooks both acknowledged that it was indeed a pearl .
A:
Generally, if food has something in it that is unexpected and the restaurant should have been able to detect and remove the foreign object, the restaurant can be held to be responsible for any injury that results from the object in the food. Your situation is interesting in that pearls are known to be in oysters, but are expected to be removed before being provided to a restaurant patron. I would call a local personal injury attorney to discuss your options.
Please be advised that these communications do not create an attorney-client relationship, that matters have state-specific statutes of limitations, and that these answers are for general information purposes only. You should speak with an attorney licensed in your jurisdiction for specific answers.
A: Check with the restaurant to see if they have premises liability insurance. If they do, most premises liability insurance policies have medical expense payments availability. If this coverage is available through that restaurant's insurance, they may pay your medical bills. If they do not have the coverage or if they refuse to pay for their medical expense benefit, contact a personal injury lawyer. Most personal injury attorneys do not charge for an initial consultation.
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