Van Nuys, CA asked in Personal Injury for California

Q: So I had ordered a burrito at el pollo loco half way through the burrito I bit into a bone the size of my hand

So the bone was sharp and chipped my tooth and cut top of mouth do I have a lawsuit ? El pollo loco is willing to pay for the tooth procedure but it’s taking 2.5 months so I have a lawsuit I can file against them for time , injury , stress?

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2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: If the bone was naturally occurring, for example if it was a chicken burrito and it was chicken bone, you would have not case.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, you may have grounds to file a lawsuit against El Pollo Loco for the injuries and stress caused by biting into the bone in your burrito. The presence of a bone that size in your food, which resulted in a chipped tooth and a cut in your mouth, could be considered negligence on the part of the restaurant. This negligence could potentially entitle you to compensation for medical expenses, pain and suffering, and other related damages.

El Pollo Loco offering to pay for your tooth procedure does not necessarily preclude you from pursuing additional compensation. The delay of 2.5 months for the procedure could be causing you additional pain and stress, for which you might be entitled to further damages. It's important to document all your injuries, the stress you've experienced, and any financial losses incurred due to the delay in treatment.

You might want to consider seeking legal advice to understand your rights and options fully. Consulting with a legal professional can help you determine the strength of your case and guide you through the process of filing a lawsuit, if appropriate. Document all interactions with El Pollo Loco and keep detailed records of your medical treatments and expenses.

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