A man in British Columbia was eating at a restaurant when he bit into a hard object in his salad, causing damage to his teeth and pain. He immediately reported the incident to the restaurant and went to the dentist for a check-up a few days later, where the doctor removed the tooth fragment.
The man then emailed the restaurant owner, demanding compensation for his medical expenses of more than $4,000 and future treatment costs.
The case was submitted to the British Columbia Civil Settlement Tribunal for trial. The restaurant said that the customer failed to provide any evidence of foreign objects that damaged the teeth, so the restaurant should not be held responsible.
The only evidence provided by the applicant was a photo showing salad and ribs on the same plate. The court held that it was reasonable for bones or peppercorns to appear in a meal containing ribs, and there was no clear evidence to prove that the restaurant was negligent.
In addition, the court pointed out that if the applicant could provide expert opinions, such as a dentist’s identification of the cause of the tooth fracture, it would be more conducive to the judgment of the case. Because the applicant failed to submit relevant professional evidence, the arbitration tribunal ultimately rejected his claim.
This case reminds consumers that if their teeth are damaged while dining in a restaurant, they should preserve relevant evidence in a timely manner and seek a detailed diagnosis report from a professional dentist in order to protect their own rights.