My Wife Cut her Gums on a Large Chicken Bone While Eating at a Restaurant, Can we Sue?

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“I have a wife who is in her last week of pregnancy, she is having the baby next Monday. She had went to a local restaurant “Taco Bueno” and her and her mom ordered a meal. As she was eating one of her chicken burritos, she bit into a 1″ chicken bone. which cut into her gums. She informed the manager and he filled out a report and gave them the meal on the house. Later in the day (yesterday) she received a call from the insurance company for Taco Bueno, they were very nice, asked how she was, they advised that she go to the Dr. or Dentist to have her teeth and gums looked at, and to make sure infection does not exist.

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

What can we do? Are we able to sue? What is the insurance company likely to do? Is Taco Bueno liable for anything? Is the fact my wife is pregnant going to way very much on anything?”

Why would you want to sue? Is your wife actually hurt? Was the baby hurt? Was anybody hurt?

Assuming that nobody was hurt, you have no basis for suing, and you have no damages. Indeed, it sounds as if Taco Bueno has done everything they could do, given the circumstances.

If nobody was hurt, count your blessings, and enjoy your new baby. If, on the other hand, your wife has been damaged (such as developed an infection which was untreatable, or harmed your child) then yes, you may be able to sue for damages – but you will have to prove that there were damages, and what they were.



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Author: House Attorney

A house attorney has answered this question.