QUESTION:
I bought a Milton’s Chicken and Rice Meal from Costco like I had been doing for years. When I bit into a big piece of chicken, I found out that it had a bone in it. The bone took chunks off my teeth. If I hire a lawyer, will I get more than $6,000, which is the amount the dentist said will cost to fix it, so that I can pay the lawyer and have my teeth fixed too?
ANSWER:
A claimant is entitled to recover the reasonable value of all medical expenses that have been incurred, and that are reasonably certain to be incurred in the future, as a result of the injury. [Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 C4th 541, 551, 129 CR3d 325, 330–331; see CACI 3903A; BAJI 14.10]. The most effective way to support the medical expense claim is to elicit testimony from plaintiff’s own treating physicians. They can be questioned about the nature and extent of the injuries, the treatment and medication prescribed, the need for such treatment and medication, and the reasonableness of the charges. These physicians can also be used to lay the foundation for introduction into evidence of relevant medical bills and reports.
Furthermore, a consumer’s expectations do not negate defendant’s duty to exercise reasonable care in preparing and serving food. Thus, if the presence of an injury-producing natural substance is due to defendant’s failure to exercise due care, plaintiff may state a negligence cause of action. [Mexicali Rose v. Super.Ct. (Clark), supra, 1 C4th at 630–631, 633–634, 4 CR2d at 154, 156–157]. A plaintiff who can prove the essential elements of res ipsa loquitur (injury-producing instrumentality was in defendant’s exclusive control and injury would not have occurred had due care been exercise) may be able to shift the burden of proof to defendant in an adulterated food case. [See Ford v. Miller Meat Co., supra, 28 CA4th at 1202–1203, 33 CR2d at 903]. It would be best to seek personal assistance from a lawyer in order to guide you in filing a personal injury claim.
