How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JGM Your Own Question
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11554
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

hi this is a consumer issue, so not sure this is the right

Resolved Question:

hi this is a consumer issue, so not sure this is the right section.....we ate out at a well known restuarant chain for my daughter's 4th birthday last week.....and my husband was served a screw in his pizza. we complained and have received a very apologetic letter admitting liability and a £50 voucher which I can't help but feel is an insult. The last thing we'd want to do is eat there again when they could have seriously injured (or worse) our daughter who was sharing said pizza with her Dad. Just looking for advice as I have an urge to take further and not let them off so lightly.....note this incident occured in Edinburgh but I'm unsure if this is covered by Scots law or UK consumer law.....I don't have access to a scanner to scan letter but can type out the contents if you wish to read.

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

What result would you like to achieve here?
Customer: replied 3 years ago.

Hi, I'm not sure if you received my response but I am wondering if we have grounds to look for compensation. This was quite a distressing incident (though given it was our daughter's birthday we tried not to show this at the time). It has put us off eating out again in a hurry and I feel the restaurant should be held accountable.

Expert:  JGM replied 3 years ago.
You can seek compensation for loss where loss injury or damage has been sustained arising from an incident caused by the fault or negligence of a third party. In this case there was no loss injury or damage other than the shock of finding a screw in the pizza. No one was hurt. Were to you take this to court, the court would have difficulty in awarding a sum of money in compensation although it would accept that you have grounds for complaint.

I cannot advise you to seek compensation where there is no injury. Even where someone is shocked there has to be some kind of recognisable medical illness resulting before a court would award damages.

That is not to say with a degree of persistence you couldn't persuade the restaurant to make a better offer; you probably could and they probably would offer something in an endeavour to settle on a goodwill basis, but you are not talking about hundred and hundreds of pounds and I would not advise that you take this to law as it would not be financially viable for you.

Happy to discuss further.
Customer: replied 3 years ago.

That's great thanks for the advice, much appreciated. I probably should have said that my husband actually almost ate the screw! He had to pull it out his mouth - I'm guessing if he'd broken a tooth we might have had legal recourse, but other than a slight scratch to his gum he was pretty much unscathed. Thanks again for your advice.

Expert:  JGM replied 3 years ago.
You're welcome. Please rate my answer on the system so that I am credited for my time. Don't hesitate to ask for me in the future.
JGM and other Scots Law Specialists are ready to help you