A B.C. resident had an unpleasant experience at a restaurant after chipping a tooth, which he blamed on the restaurant.
In a BC Civil Resolution Tribunal case, the applicant said that she chipped her tooth while eating a meal.
The restaurant, which wasn’t named in the dispute, said that the patron couldn’t produce the item that allegedly damaged his tooth, rendering them not liable.
On Jan. 1, 2024, the man was dining at the restaurant, and while eating a salad, he claims that he bit into a hard, tiny object and felt pain in one of his teeth. After this happened, he told the tribunal that he reported it to the duty manager.
A couple of days later, on Jan. 3, the applicant had a visit to the dentist. His dentist found and removed a tooth fragment. Following that, the man emailed the restaurant owner, asking for the restaurant to cover his medical expenses (over $4,000), including future treatment.
The tribunal found that while the restaurant owed a duty of care to the applicant as a customer, the applicant’s fractured tooth on its own does not prove that the restaurant failed in that duty.
In evidence, the applicant submitted a photo showing that his salad had been served on the same plate as an order of ribs.
The tribunal reflected on that piece of evidence.
“Without evidence of the foreign object, it seems just as likely that the damage may have been caused by something else, such as a bone or peppercorn that found its way into the salad. This scenario, on its own, would not indicate that the respondent breached the standard of care required because it is reasonable that a bone or peppercorn may be found in a meal that includes ribs,” it said.
In the absence of evidence of the object that caused the fracture, the tribunal noted that it would’ve been helpful if the applicant had expert evidence, like a dentist’s opinion about the nature of the fracture. Unfortunately, the applicant wasn’t able to provide anything of that sort.
For those reasons, the tribunal dismissed the claims against the restaurant, and the restaurant patron failed to win the claimed damages.
Now you know what you need to do or have in your back pocket in case you ever chip a tooth at a restaurant.