Broken glass in restaurant drink?

Question

I was at a restaurant the other day and I sucked up and almost swallowed a piece of glass that was in my drink. It was a japanese restaurant, so it was rather difficult to communicate to management my problem so I basically sucked it up and didn't press the issue.

What could I have done, and what if anything can I do now?

Answer 1

I doubt if there would be anything you could do now. Besides, what would you look to gain? You brought it to their attention. Hopefully they will keep a better eye on cracked or chipped glasses.

Did you swallow any glass? Time will tell I guess.

I hope your alright.

Answer 2

Sometimes accidents just happen. It may have had nothing to do with negligence on anyone's part. You attempted to bring it to the attention of the manager and you were not hurt. I would not pursue it any further. I have been in the service industry for over 10 years and only once has anyone every showed or told me of glass in their drink. It was an accident plain and simple. Once the ice is in the glass it is nearly, if not completely impossible to tell if there is anything other than ice in the glass and doubly so once the liquid is mixed in. I think you just happened to be that rare occasion when thinks like this happen. Glad you were not hurt but I don't think that calling the Health Dept. or a lawyer are necessary.

Answer 3

It all depends on what you want to do now. If you want to make sure the problem does not happen to someone else, your best bet is to contact the Health Department for the city or state in which the restaurant is located. They have the responsibility to enforce codes relating to health & safety at restaurants.

If you're looking for compensation, it depends on how much you were damaged. If you weren't harmed at all, I don't think you're going to retire on a million dollar judgment in this matter. At the very least, you should ask to have the cost of the meal refunded and perhaps for a gift certificate for another modest meal. If you were cut, had doctor bills, suffered, etc., then you have the right to be compensated in proportion to your damages.

Depending on where you live, you have only a limited amount of time if you want to file a suit against the restaurant. Depending on the amount of your damages, you may be able to file suit with a local justice of the peace, city court or state court.

A lawyer will only be interested in representing you if the amount of your damages are high enough to make it possible for him to get paid out of what he recovers for you. If you were seriously injured, a personal injury lawyer will talk to you about it for free. If not, and you can't afford a lawyer, you may be able to get a quick, free consultation from your local legal aid organization.

You can find local non-profit legal help on: www.lawhelp.org or www.lsc.gov.

Answer 4

Nothing. Since you felt you could not communicate adequately, and no harm was done, I wouldve stopped drinking whatever I was drinking and ordered a DIFFERENT drink.
Things happen that's all.
One time I found a huge staple, like from a packing crate, in my chef's salad. I brought it up to the manager who started yelling at me--I wasnt asking him to pay for my dinner, I just wanted him to have someone check out the salad mix they were using. I'd worked in a restaurant long enough to appreciate that sometimes people make mistakes.
And for the record, I threw the staple at the guy along with the soggy lettuce in the napkin and he chased me from the place.
Then I called the Health Department.
It's closed down now.

Answer 5

No you can't do any thing now, then time to do so would have been then, you could still call your local health department, chineese restrauants are know for things like this, one time i was out to breakfast with family about 18 of us, and i found glass in my french toast and they comped our whole bill!

I've seen people answer contact a lawyer, i work for a lawyer, you have no case, if you had swallowed the glass and had injuries, you would have a case, but other than that, nope no case, you also lack the proof, and unfortuntly in law the burden of proof is on you,

Answer 6

Really it depends on what your motives are. If you are truly concerned that this may happen to some one else and you are concerned for there welfare then contact the Board of Health. I am sure they have some one that can communicate with them.

If your motivation is to sue them to get money because of something that almost happened then I have no advice. That is the reason people with real legal problems can't get a case into court because of all the people tying up the system with get rich quick suits. It would be kind of like trying to sue some one because they almost hit you in there car.

Answer 7

You can report them to the food safety authority if you want but i really don't see the point. You didn't get hurt and sometimes accidents just happen. You could go back to the restaurant and try and explain to them what happened and let them know you are disatisfied with the service. Maybe you can get a free meal out of them.

Answer 8

Were you phyically injured? If not, let it slide. They should have comp'd your meal. If they didn't and you didn't ask for it, your loss. It sucks that it happened, but you aren't perfect either ... and a lawsuit could take the restaurant down and effect a lot of people negatively.

Since there is a language issue, I'd drop it.

Answer 9

Nothing. You obviously didn't get hurt so what exactly do you think you deserve?

Go ahead file a law suit, and when you lose you may end up paying for the restaurants legal fees.....

You have no damages to sue for, your case is a sure loser.

Answer 10

Holy lawsuit! You should have made a report with the police or someone who could document the problem, saved the piece of glass as evidence, and gotten a good lawyer! I used to work in a restaurant/bar and they used to yell at us if we put the glass in the ice bin to fill it instead of using the ice scoop. They said they could get sued big time...