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broken tooth on an olive stone

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armanimick | 23:09 Fri 22nd Aug 2008 | Law
15 Answers
Hello,

Reading some comments on this siute while trying to obtain information, I know you will give me "stick" on this question but if a tooth was broken biting on an olive ( not stupidity) surely duty of care by the restaurant was lacking.

It hurt / they laughed/ we are cross it wasn't mentioned/ surely pitted olives should be served. Appreciate emphatic responses as it has been uncomfortable and expensive for my sister and I'd like to help her claim this back but don't know how...
Many thanks....
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sorry, but if the resturant does not have a "duty of care" to tell their customers that olives have stones in!
surely your sister knows that olives have stones in?
the reason you dont know how to go about claiming compensation is because you can't!
Yeah you probably will get stick!

olives have stones, it's not like a foreign body was found in the food.

it wasn't the restaurant that controlled the muscles that bit down on a stone.

Still in this day and age yes you could probably sue them, though it would put you in the same league as the people that sue because their coffee is hot and they burn them selfs on it!
Fairly certain that this would be classed as a fortuitous act, i.e. out of the restaurant's control. Perhaps if you'd asked if the olives could be pitted and they weren't you'd have a case, but not in these circumstances.
Question Author
thanks for your speedy answers, not what I was looking for as you may imagine. I know ehat you are saying about compensation culture. I appreciate things have gotton out of control, however, have you ever been in a similar situation. I honestly think until it happens to you, 9pm at night, boarding a flight at Heathrow, ask for olives while waiting for a meal, no mention that they may no be stoned., tooth snaps, flight missed, can't get to see dentist till following day... etc. etc. Thanks for your comments but I'l persever for her sake...
This is surely a wind up post?

I went to a restaurant and stabbed myself with the fork on the table. Surely, they should have told me it was sharp?
Good lord, how hard did she bite down? Olives are SOFT and generally you wouldn't have to bite very hard to discover there was still a stone in one. Not hard enough to snap a tooth anyway!

Maybe the restaurant buys the olives as pitted, what do you expect them to do - examine each one individually to check the suppliers didn't miss a stone?
Pitted olives are sold as pitted olives.

Not a hope of winning a claim for this.

Do you know I am fed up of seeing 'may contain bones' on the menu under fish, and warnings that food is hot when the waiter puts the plate down.

I am an adult and quite able to work these things out for myself.
Question Author
Well break it did... Menus these days contain cautions,such as "beware this product contains nuts / stones" whatever. Asking for olives or anything without seeing a menu, I would expect to be advised of anything which could harm and harm it did, a broken tooth as a result. She compeleted an accident form at the request of the restaurant, why bother ?
Surely then warnings should be placed on everything?

Stuck to a lobster - "don't eat the shell"
on a pack of peanuts - "warning, this may contain nuts".

You're kidding us right? You must take responsibility for this.
I'm going to stab myself with a fork next time I'm in a restaurant, to see if I can get some free olives.
I drank a cup of coffee and burnt myself. Surely, they should have told me it was going to be hot?
Question Author
Oh dear, I expected responsible answers. I know what not to expect in the future

Bye
I would expect to be advised of anything which could harm and harm

Do you want to see signs on all the walls saying "warning walking into this wall could hurt"

or maybe if you go for a candle lit dinner the candle should have a warning sign saying "caution, the flame is hot, touching it may hurt"

Just like Ethel, I'm a adult, I've learnt to get through life without hurting my self on obvious things
-- answer removed --
Oh dear, I expected responsible answers

Oh dear, people expect sensible questions too!

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