Question

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by incident and sued the restaurant for negligence. The most likely result would be:

a. Kyle will not collect any damages because he did not sustain any damages
b. Kyle will collect damages because bones in chowder are uncommon.
c. Kyle will collect damages if he proves it was possible to prevent tiny fish bones in clam chowder.
d. Kyle will collect damages because res ipsa loquitur applies.
e. Kyle will collect damages because negligence per se applies.

Answer 1

a. Kyle will not collect any damages because he did not sustain any damages.

Step-by-step explanation:

A negligence lawsuit is a civil lawsuit that filed against a person or a legal party that failed to use reasonable caution and caused damage to a victim while providing care or services.