She demanded 30,000 dirhams in compensation for the damages

A nail in a vegetable and chicken meal breaks a girl's tooth

The court appointed a dentist to examine the plaintiff.

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A nail head caused the fracture and distortion of the teeth of an (Asian) girl, while she was eating a vegetable and chicken meal that she bought from a famous restaurant in Ras Al Khaimah, and she was transferred to the emergency and accident department at Saqr Hospital, to conduct the necessary medical examinations, after she was exposed to fatigue, and a partial civil court ruled Ras Al Khaimah It does not have qualitative jurisdiction to hear the case, and refers it to the Partial Commercial Court, given that the restaurant is carrying out a commercial activity.

In detail, the girl stated that she had requested a meal from a restaurant specialized in providing and preparing meals for customers, and her request was via the contact number to deliver orders, and the restaurant brought her the meal, which consisted of vegetables and chicken, but she was surprised while eating the food with something sharp in her mouth that caused her upper teeth to break, It turned out to be a piece of a solid nail head inside a meal.

She added that she went immediately to the emergency and accident department at Saqr Hospital in Ras Al Khaimah, and a medical examination was conducted for her and it was confirmed that there was a fracture in her teeth belonging to the upper jaw, caused by the head of the nail, and given the injuries and fractures in her teeth, and severe pain in her gums, and her feeling of fatigue and fatigue, and what It caused her teeth and mouth to be distorted, and she felt a state of panic, fear, heartbreak and pain as a result of the restaurant's mistake. She demands that he pay her 30 thousand dirhams in compensation for material and moral damages, and obliges him to pay fees, expenses and attorney's fees.

In the defense memorandum that he submitted to the court, the restaurant's agent demanded that the lawsuit be dismissed due to the absence of a legal basis, because the plaintiff did not prove his mistake, and the elements of tort liability were absent.

The judge supervising the management of the case decided to assign a dental specialist from Saqr Hospital to examine the plaintiff, and to indicate whether there were damages and injuries she sustained at the level of her upper teeth, and to determine the damaged teeth and the causes of the damage, and if the fractures were commensurate with the date of the incident.

The report of the maxillofacial surgeon stated that it was found that there was a minor fracture in the shell of a cosmetic tooth in the second left anterior incisor, as a result of being hit by a solid object that the patient found with a meal.

According to a partial civil court ruling, it was found that the commercial license attached to the case file, which belongs to the defendant, engages in an activity represented in selling snacks, and assumes the status of a merchant, in accordance with the Commercial Transactions Law and the Companies Law.

And she explained that as long as it was proven that the defendant is a merchant and carries out a commercial activity, and that the claimed amount is related to a mistake related to the commercial activity of the defendant, then it is qualitative jurisdiction in the case from the consideration of the Partial Commercial Court, pursuant to the provisions of Article 30 of the Civil Transactions Law, with what it concludes with. The court does not have jurisdiction to hear the case.

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