Consumer Law, Warranties Restaurant Incident. Piece of plastic in my food.

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akargutinsky

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On Saturday (09/12/12) evening we went to the restaurant with a party of four.
I ordered a dish, which had chicken fillet and pasta with greenish sauce. I really liked the dish and was eating it with enjoyment. When I was about half way done with the dish, I felt that I bit on something really hard, almost choking on it. When I took the piece out of my mouth to see what it was, at first it appeared to me like a piece of food shell or some sort of hard peel (like the one sometimes left from green veggies). When my party sitting in front of me saw it in my hands, he said I should not to worry about it, because it looked like artichoke.
I still could not believe that any food related piece could feel this way. As we examined it more closely, we saw that it was a pretty big piece of thick plastic. Its light green color was blending perfectly with the sauce on my pasta. It had rugged edges indicating that it must have chipped off of some bigger piece (an assumption that was later confirmed by the manager)
I felt really nauseated and disgusted and could not finish my meal. I showed this to our waiter who took the plate away. Shortly after, we had one of the restaurant's managers approach us with apologies, asking how I felt and offering to fill out the report of the incident. I completed the report and took a snapshot of it for my records. In there I indicated both feeling nauseated and almost choking on the plastic piece.
The manager gave me her business card as well as the number for Risk Services, telling me to call either number at any time and that they would cover any medical expenses that might come up.
She also offered to replace a dish, as well as to have desert and drinks at the restaurant's expense. We declined all of the above offers; they ended up deducting $25 of the total bill.
I expressed to the manager my concerns and that hopefully whatever I had was not toxic. This is when she mentioned that this piece got chipped off of some big plastic lid, with which they cover food at the kitchen.
The feeling of disgust would not leave me, as we left the place, with the scene and all the sensations replaying in my head. On my way back home, we had to pull over the car so I could throw up. I also threw up, when we got back home. For the past two days, I have fear of eating. Even though I feel the need for eating, the sensations of disgust associated with eating prevent me from enjoying my meal. I have to dig through my dishes and mesh everything up before putting it in my mouth. Plus memories of the incident keep giving me vomiting spasms.

Considering the above story, I was wondering where I stand in this situation and what my rights (if any) are in this incident.
 
Outside of writing a letter of complaint to restaurant management, you're entitled to diddly. You got $25 off the meal, you turned down a replacement meal (which is about all you were ever entitled to); that's all there is.

Had you had actual medical bills, that would have been a different story. Based on what you've posted, however, the law is not going to award you anything more than you've already received.

You have not won the lawsuit lottery, but thanks for playing.
 
The restaurant already offered all you could reasonably hope to get, and you declined. The incident is over and you have nowhere to go with this.
 
I would not advise the restaurant they have helped you lose weight. They might want to patent the idea. Digging through your food is called using a fork. Meshing the food is called chewing.
 
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