This ^ I'm sure you aren't the first person to find something in their popcorn/food/drink at the movies or at a restaurant. Now if you swallowed the clip and it lacerated your esophagus or caused you some more significant pain then you would have a more legitimate negligence claim. The first two elements of your claim are solid (Duty, Breach of Duty) but your third element (Damages) is pretty weak. No attorney in their right mind would take your case.
I got a call from a claim agent at about 6pm tonight. They asked what happened again and if I went to a doctor. They also asked if i took pictures, which i did. They are going to contact the managers at the cinemark and speak to them again and call me back in a few days.
Did your date say anything strange before you found the hot steel clip? Like "beware of the dwarf"? Spoiler
The closest I came to this was when I was looking through ornaments at Hechts department store, and I sliced my finger on broken oreo cookie ornament, leeding profusly I signed the waiver, got cleaned up, and went on my way.
My gf found a screw in her pasta from CPK. She bit into it and it cracked her tooth. They ended up giving her $7,000. She missed half a day of work for the dentist visit.
You'd think the theater manager could have offered genuine apologies and a $50 gift card and be done with this. Too many lawyers. This should have been resolved right away instead of stringing FT along. The longer it takes, the less satisfied FT will be and the less sincere the the gesture will seem. So..other than the shrapnel in the popcorn, was the movie any good?
Takes notes OP. A cracked tooth is worth $7k. Next time you need to bite down harder or swallow foreign object for even more $$.
