[lou_lou]

I was invited to go to my friends home for a few days during the Christmas
Holiday - they live 75 miles from my home -and picked me up.

Last Night we ate at an Expensive Restaurant Chain that serves good Mexican Food, I had "Chicken Fajitas"
and two side orders - rice and refried beans - I was hungry and about midway into my meal, I took a bite of "Refried Beans" and I bit down on a very hard hambone that was in the meal? and as a result I damaged two molars badly enough to warrant two teeth being given crowns....
The dentist is a very good dentist in this area who has expertise with
Parkinson's Disease Patients! an excellent and rare find!

The company emailed the DDS - Doctor
I have a copy of the email that says quote" this will confirm that liability has been accepted regarding damage to "Tina's" teeth, resulting from an injury sustained from eating at - " NAME of RESTAURANT" on 12/7/2006

then they have the name of the Liability Claims Dept. and the 877#

When I can back to my friends home - I called the person who assisted in the transfer of the information to the dentist office ...One big question!
I told them I was disabled and could not drive to my appointments.
that I needed assistance so I had to contact "the CORPORATE OFFICE"

the man was uncaring and said -after my explanation of "Being disabled withh PD, and my current non driving statis -
he said -boldy
we will pay for your dental, your transportation to the dentist is your responsibility.
I do not feel happy in the least about this answer!
I can get my dental work done and they are liable but I must provide transportation to it!
I call this DISCRIMINATORY!
what do yall think?
anyone?

[Curious]

tena,

not sure if this applies...

but like car insurance, if the person who damaged your car, doesn't have insurane that pays for a rental, then you have to pay, or submit to your own company. you can then try and sue on small claims, but i did watch a judge judy episode where they didn't win. might be a state law. ?

i am so sorry about this tena. are you in pain? i hope not.

i think they should be payin for your transperation AND any pain and suffering.

(((((hugs)))))

[Jomar]

I wonder if you wrote to the corporate office {call and get a name.contact info of a higher up?} with a note attach from your doctor stating your disabilities - perhaps they would pick up the taxi charges or equivalent??

it's worth a try.

[lou_lou]

Thank you dear Curious and dear Jo!
I called the corporate headquarters... and politely asked for what I needed,
I will get a call back on Monday.

[PDPam]

Hi Tena:

I had a similar situation happen to me at a restaurant recently. I broke a molar in half on a rock or nut shell in my green salad w/pecans. I filed an accident report at the restaurant and contacted their insurance company the next day. The insurance company's adjuster called me back. He was rude and abrupt and said, "rocks or shells are a natural ingredient in dishes that contain pecans" and "their company would not pay for my new $890 crown ..."

I proceeded to write a letter to the manager of the restaurant (copied it to the insurance adjuster) and told him our family, friends, and neighbors had enjoyed this restaurant for years - I told him of my treatment by their insurance adjuster and that I would it make it my career to spread the word of my treatment and that his restaurant would likely lose 50+ current and potential customers.

I closed the the letter with the statement saying that I was disabled and had nothing but time to fight this situation in small claims court. (Being disabled with no job does have its advantages). My dentist received a check in a week. Don't give up - use your disability to your advantage.

Good luck.

Pam

[lou_lou]

Quitters never win...
and winners never quit...
Good for you dear Pam and thank you for your experience!
I have never quit when - I saw that they had accepted the liability of the damage done to my teeth, by a hambone...
I have a copy of the dear dentists email -accepting all the charges to fix what was injured...
All I want is abit of transportation to get the teeth fixed, I told the man at the claims home office -if I can not get to the docdtor to have my teeth fixed -we are at an impass, and I need my teeth, and one is killing me - cant drink or eat anything cold...

[lou_lou]

Legal obligation when selling food -
http://www.globalchefs.com/career/cu...coj0010you.htm

"The courts will apply one of two different tests to determine if a food service establishment is liable to a guest for any damages suffered from eating the food. (In the case of the stone found in the refried beans, the damage may consist of a broken tooth from biting down on the small stone). One test seeks to determine if the object is foreign to the dish, or a natural component of it. If the object is foreign, then the implied warranty of merchantability (fitness) under the UCC is breached, and the food service operator would be held liable. If it is a natural component the warranty is not breached. For example, the stone in the refried beans, though commonly found in large bags of raw beans, would be considered foreign, and thus the food service operator would probably be responsible"

hambone/ = rock
it felt like one upon biting down!



Uniform Commercial Code Warranty

As a hospitality manager involved with the service of food, you have a legal obligation to sell only food that is wholesome, as well as to deliver that food in a manner that is safe. This responsibility is mandated by the Uniform Commercial Code (UCC), as well as other state and local laws.
When a foodservice
operation sells food, there is an implied warranty that the food is merchantable. Simply put, a foodservice manager is required to operate his or her facility in a manner that protects guests from the possibility of foodborne illness, or any other injury that may be caused by consuming unwholesome food or beverages. Unfortunately, sometimes food is served that contains something that the guest normally would not expect to find in the dish (for example, a small stone in a serving of refried beans). The question that must be
answered in these cases is whether or not the food or beverage served was “fit” for consumption.
The courts usually apply one of two different tests to determine if a foodservice establishment is liable to a guest for any damages suffered from eating the food. (In the case of the stone found in the refried beans, the damage may consist of a broken tooth from biting down on the small stone). One test seeks to determine if the object is foreign to the dish, or a natural component of it. If the object is foreign, then the
implied warranty of merchantability (fitness) under the UCC is breached, and the foodservice operator would be held liable. If it is a natural component the warranty is not breached. For example, the stone in the refried beans, though commonly found in large bags of raw beans, would be considered foreign, and thus the food service operator would probably be responsible.

[lou_lou]

The insurance company agreed to the
one hour transportation there and back!

We all win, if we do not lose hope...:icon_wink:

Instead of counting the days, make the days count.
author unknown~

[RW2112]

Congrats on seeing it through and winning out! That's great news indeed!

Ray