Your body is equipped to handle fairly sharp objects in your digestive tract. Plastic generally passes through your body without a problem. A shard of glass, on the other hand, can do a lot of damage. But unless you were actually hurt by the plastic (or glass), you can’t sue for losses.
Almost getting hurt is generally not sufficient cause for a lawsuit. If you suffered mental anguish because of a close call, then you can sue. However, mental anguish for a close-call is hard to prove. And almost-eating plastic or glass at a restaurant won’t cause years of mental anguish and traceable losses.
Bystanders to an accident (in which they weren’t injured) can suffer from mental anguish. Even these circumstances come with strict legal guidelines to avoid unnecessary litigation. If you watched a family member get seriously injured, and you have a physical manifestation (like hair loss), then you might have a case for a lawsuit.
Keep in mind, personal injury is about loss — lost wages, medical bills, therapeutic treatments. Of course, you are welcome to offer to pay a lawyer an hourly fee, but unless you have documented financial loss, most lawyers won’t take your case for a contingency fee.Read More