Can you show that the bone/pit was negligently placed in your food? For example, if you order a bone-in piece of beef, you would be negligent yourself because you would know that the bone would be there. That’s called “contributory negligence” and has encapsulated the idea that a person cannot be careless of their own safety and then sue someone else if they are injured. Do you know all those “funny” videos that show people doing foolish things like jumping off roofs? They don’t get to sue anyone because it is their own acts that are negligent, and if they are injured, it is all on them.

So, without citing you a bunch of statutes (every state has one on some form of contributory negligence) and a lot of cases, that in a nutshell is the problem.

That said, anyone who can pay the filing and service fees can get heard in a small claims court, and sometimes the defendants don’t show up, but if they do, and they lose, they can appeal to the regular trial court and the whole thing is heard again, so if you do this, be prepared for what could be a long trip. And that’s if you win.

Questions

How do I pursue legal action against a restaurant who's sandwich I had ordered had a bone hidden in it and broke my front tooth?

What do you do if you break a tooth eating at a fast food restaurant?

I chipped a tooth on an unexpected olive pit. Should I tell the restaurant manager?

What do you do if you bite down on a fast food cheeseburger and a bone in it chips your tooth?

Can you sue someone for chipping your tooth?