[Honda]

Hi Everyone,

Looking for some advice on how to handle this case. Back in June 15, 2018 my wife was eating chow mein at Panda Express and chew something very solid that was inside food which broke one of the molar tooth.

I called Panda Express HQ in California and they asked me to provide dental records, x-rays picture of tooth broken and what I am looking for. Long story short, I provided all what they asked for and just asked them for cost of breaking the tooth which needed a crown for ~1300 dollars. The case took more than two months and it was extremely frustrating just trying to follow up as they don't seem want to solve the problem. Then last week I got call from Risk Management department asking for the piece that was in the food that broke the tooth. I didn't have that piece as it was left at the store and I have told them that in the beginning when I opened the case.

One day later (last week) they called me and told me that store manager didn't have the foreign object and "does not recognize" this incident at his store so they wont proceed with claim and offered me (to make customer happy from what he calls) a check of $300. Of course I refused and asked for full payment for my wife's crown repair. They told me you have 1 week to think about it and they cannot do anything more than that.

I am not sure how to proceed now whether to fight it more or not. Do I stand any chance of winning this further or should I accept $300 and swallow the rest of the costs?

[The Choosey begger]

What's Chew Men?

[Reborn_]

You should take the $300. That should be enough to avoid Panda Express for a while.

[tuco44]

Forget about it. Move on. Crap happens.

[Maynard]

First off glad it wasn't worse - happened to a buddy of mine that took about 3 years to finally fix the injury b/c of complications. He had dental coverage and was out of state, so never filed, but regretted that by year 2.

I'd at least run it by one of those 'consultation is free' legal services - I think in some states you would have a case, but probably best in small claims given that legal fees will rapidly eat up any settlement. If you work for a bigger company, they may also have some legal advice thru EAP. I don't think the lack of the foreign object is such a big deal, since it doesn't seem very reasonable to expect you would have it (like making the victim in a shooting find the bullet). If you have documentation that s/t happened, like they waived the check, I think the store manager trying to bury it makes it worse on their end and may prompt their legal team to step up and do the right thing - you aren't asking for long term costs/pain/punitives (yet). Wouldn't hurt to put together a compilation of any early communications (like w/ family, dentist, especially a/t you sent right then).

[sspade]

How old was your wife's molar? Had it ever had any previous damage/repair?

How exactly, would you describe the object that she bit into?

[tennisfreak]

If you have no pictures, video, signed documents, or other evidence of the actual incident in the store on the day it happened then you are out of luck.

Take their offer, move on, and consider it a lesson learned.

Always,always, always get evidence and proof immediately for the possibility of things exactly like 5his happening.

[Honda]

Originally Posted by sspade

How old was your wife's molar? Had it ever had any previous damage/repair?

How exactly, would you describe the object that she bit into?

No previous damage. My wife is 30 years old. I am not sure how relevant is the age of the tooth in this case.

It is very small black object that looks like a stone but I cannot confirm if it is a stone. I don't know how did it get to chow mein but it was definitely cooked with the noodles. The store in the beginning told me they would refund the plates but I refused and even showed the broken tooth on spot which manage did see it with blood.

[Honda]

Originally Posted by tennisfreak

If you have no pictures, video, signed documents, or other evidence of the actual incident in the store on the day it happened then you are out of luck.

Take their offer, move on, and consider it a lesson learned.

Always,always, always get evidence and proof immediately for the possibility of things exactly like 5his happening.

I don't know what evidence is needed more than part of broken tooth with blood. How can you document that? I know my case is very very slim in this case but I am not really asking for 1M worth of damage, I am only asking to repair the tooth!

Anyways, looks like I will just accept what they offered and move on. I will never visit Panada express any more after this experience. I don't want to make a drama out of it but If I had extra time, I would go all over social media about my experience so others are aware but I don't have time. I already felt that I wasted 2 months running after them by calling them and emailing them just for $300.

[Rewted]

Take the $300 and move on with your life, you're lucky you got anything.

[Tfscypress]

I love panda, panda, panda........


On s different note, find out who their liabilities provider or claims handler is.

Risk management is more so internalrather than consumer relations.

I received bad diesel from a service station and it caused my insurance company to stroke a check for $13k in damages.... I still pursued damages from the fuel provider, and it took some pushy persistence on my behalf and documentation. Ultimately netted 50% of the damages cost which was fine since insurance paid for the repairs anyways. $6500 as an inconvenience fee to me basically, and I signed a waiver to release them from future liability.

[Darth One]

looks like the time was 2:30 when you guys ate at Panda Express...

Get it? Two thirty? Tooth hurty?







.....I'll show myself out now

[P1]

I was once eating at a Mexican restaurant and I nearly swallowed a corner piece of one of their industrial plastic food containers. Manager came over, apologized, comped my meal and I went on with my day.

[c1pher]

This is a bmw forum, not a free legal advice forum. Speak with someone qualified (attorney) to give you an authoritative answer. None of us know what we’re talking about on this topic no matter how smart we sound.

[Tfscypress]

Originally Posted by P1et

I was once eating at a Mexican restaurant and I nearly swallowed a corner piece of one of their industrial plastic food containers. Manager came over, apologized, comped my meal and I went on with my day.

This reminds me of when my dad had an entire plate of enchiladas dropped on his lap by the server.

Good times!

[Unknown_Car]

The store should have cameras, the proof will be on there if it was recording.

[The Choosey begger]

OP: We want $1 million.

Panda Express HQ: $300 is the best i can do.

[roastbeef]

prove there was something in the food and your wife's tooth wasn't already about to fall out. if you can't prove it, take the $300.

[Kolyan2k]

Wasn't there a woman who sued McDonald's for like $1 mil for not putting a HOT beverage on a coffee or something like that and didn't she win?

But anyway, if you wanna get $1300 then file small claims. I sued City Bank for like $4k, they also offered me $500 bucks which I rejected and won all $4k in court

[Tfscypress]

Originally Posted by Kolyan2k

Wasn't there a woman who sued McDonald's for like $1 mil for not putting a HOT beverage on a coffee or something like that and didn't she win?

But anyway, if you wanna get $1300 then file small claims. I sued City Bank for like $4k, they also offered me $500 bucks which I rejected and won all $4k in court

She got $10million, and forever change the coffee cup and coffee sleeve industry!

[Ric in RVA]

Take the three hundred.....

If only you had some device that could have made a real time record of the incident along with a date stamp audio and video?

Stuff like this happens get the phone out and document. Date, time, foreign object, damage, name of manager, people present that witnessed.

Worth at least $1000 bucks here.

[upstatedoc]

Originally Posted by Tfscypress

She got $10million, and forever change the coffee cup and coffee sleeve industry!

$10 million?!?!

must have burned her cooch off or something