Can You Sue A Restaurant If You Choked On A Bone?

When you eat at a restaurant, you expect the food to be safe to eat; however, there are times when people end up choking while eating out. If you recently choked on a bone while eating at a restaurant and are wondering if you could sue the restaurant for this, here are two questions to ask yourself before visiting a personal injury lawyer for help with your case.

Could bones naturally be present?

The first and main question to answer is whether the meal you ordered should have, or could have, had bones in it. For example, if you order any type of meat, there is a chance that there could be a bone in it, even if it should not contain a bone.

Fish is a perfect example of this. When fish is prepared and served, it is supposed to come without bones; however, it can be difficult to remove every single bone inside a piece of fish. This means that there is a chance the fish you order may contain a small bone or bone fragment in it.

If you choked on a piece of meat or fish, you probably do not have grounds to sue the restaurant because there is always a chance that a small bone might be inside the food.

If you choked on a bone from a salad or any other type of meal that should not contain bones, then you may have grounds for suing the restaurant.

Were you injured?

One of the elements that must be present to win most personal injury cases is an injury. If you are not injured in any way from choking, you may have a hard time winning the case. On the other hand, if the bone scratched your throat and you required medical assistance, you could prove your damages by presenting your medical bills.

Having some type of physical injury is not necessarily required to win a personal injury case, but it is very helpful. If you did not have any physical injuries, you may be able to still present a case against the restaurant for emotional harm the incident caused in your life. It is much harder to prove emotional damages though, which is why it is easier to win a case if you can prove physical damages.

If you would like to learn more about this topic, contact a personal injury lawyer like Madigan & Scott Inc.. You can discuss your case with him or her and find out what the attorney thinks about it. 

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