My 11 year old son had a sharp knife in his sub from Subway

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Latest post Wed, Jul 1 2015 3:11 PM by Arthur3. 4 replies.
  • Wed, Jul 1 2015 10:03 AM

    My 11 year old son had a sharp knife in his sub from Subway

    Over 2 months ago I bought 2 subs from a local Subway. This Subway is owned by a very famous person and lets just say that bad publicity would hurt this owner very badly due to his career. He has 40 Subways right now. At this point I do not want to reveal the owner or the state or city. My son bit into his sub and his mouth started bleeding and he immediately started complaining of pain. I looked into his sub and there was a very sharp knife in his sub! It cut the inside of my son's mouth and it caused trauma to two of his teeth. I immediately emailed Subway after we got home because we lived so far from that Subway. After 4 days there was no response and my son was in very intense pain. Finally I called the owner's firm and told his secretary what had happened and she relayed the message. Within minutes a rep from his office had contacted me. She was in shock at what had happened and was even more upset that no one from Subway contacted me after I reached out to them about what had happened. The rep got the camera footage from the Subway to confirm everything and I emailed her a copy of my receipt and the knife. Subway immediately excepted the blame and said it was there knife and they did this. The rep turned the case over to Farmers Insurance. It took them 2 weeks to get in touch with me. I was furious at this point. Seeing my son in intense pain day after day, unable to sleep and always crying was ripping me apart. I do not make much money and live paycheck to paycheck. I explained to Farmers that I did not have the funds to take my son to the dentist and I wanted them to maybe set up an appointment with their dentist and help me with this since they are admitting fault. I got no help! After two months I finally found a dentist that accepted Medicaid. Thank God because my son couldn't take it anymore. He was in unbearable pain for an 11 year old boy. He couldn't sleep or even eat because the pain was so intense. We went to the dentist and the dentist said that the knife in the sub caused severe trauma to my son's tooth causing it to push up into his gum's but the dentist explained to me the problem was with two teeth and not just one. I couldn't believe it! The dentist said that both teeth were going to have to be pulled out. The next day the dentist had to gas my son, put needles into his gums to deaden the area, and pull the teeth. For the next 5 days the pain continued until finally it may be over. I told them that as long as they treat my son properly that I will not go to social media or local media. I mean how would it look if I was blasting all over the media saying don't eat at Subway because you may lose your teeth! I sent the dentist paperwork to Farmer's and also the owners rep. I told them that I went ahead and sent the $308.00 for the teeth being pulled to Medicaid but I had to get that back immediately because I took that money from my rent fund. Farmers called me just a few minutes ago and said they were going to send me the $308 refund along with $500 for my son's unreal over 2 months of agonizing pain. I told them to send me the $308 refund because I needed that but that they could keep the $500 because they were out of their mind if they thought that I would accept that after seeing my son go through what he went through. Farmers then asked me how much do I want. I then told them that whatever I get belongs to my son because my son went through this and I was there for him for support. So any money will go into an account for my son, not me. I told Farmers that I just want to be treated fairly and that $500 for over 2 months of severe pain for a 11 year old child caused by Subways negligence wasn't even in the ballpark. I mean if someone said hey, I will give you $500 if you let me torture you for the next two months, would you say yes, of course not, no one would. I told them from the beginning that I didn't want to get attorney's involved and I told Farmers right then over the phone that I do not want to get an attorney but if you guys are going to jack me around like this then I have no choice. Farmers obviously didn't want me to do that and they told me to think of a figure and to call them tomorrow with that figure. Right after that conversation I thought that I may need to get some advice so I am asking anyone for advice or help. I don't know what to do. In my opinion my sons agony that Subway caused is worth a ton of money to my son and he should get a proper and fair amount because he never would have lost those teeth so soon or went through so much pain or got a cut in his mouth had it not been for Subway's negligence. The owner has 40 Subways and after this happened they put in new policy's at all of those Subways regarding the knives. I was told that before they could have as many knives as they wanted and now they are only allowed 3 so they can keep up with them, and that they have to make the subs differently now as well. They know what they did to my son was wrong and they accept all of the blame. They know of the torture my son went through for over 2 months was their fault and they are not denying any of it. I am insulted by their offer. Can anyone help or offer advice on what to do, thank you to everyone in advance.

  • Wed, Jul 1 2015 10:48 AM In reply to

    Re: My 11 year old son had a sharp knife in his sub from Subway

    Look, I understand your emotional response to all this, but this is a legal website so please notch back the drama.

    From a legal standpoint this is simply a personal injury claim where the insurance company lowballed you and you aren't satisfied with the offer.

    I agree. The offer is too low and your son could be entitled to thousands more for what he went through.

    The reality is that your choices are limited.

    You can sue in small claims court on behalf of your son (the limit is $5000) or you can get a personal injury attorney who might get a lot more but you'll pay 1/3 of it for his efforts.

    Also, you have to understand that neither Subway or its insurance company had any obligation to arrange dental services. If delaying treatment exacerbated the injury, that could reduce the amount that the claim is worth.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Jul 1 2015 12:18 PM In reply to

    Re: My 11 year old son had a sharp knife in his sub from Subway

    adjuster jack:
    Also, you have to understand that neither Subway or its insurance company had any obligation to arrange dental services. If delaying treatment exacerbated the injury, that could reduce the amount that the claim is worth.

    And more specifically, the Subway franchisee had no obligation to arrange for those services. And it is the franchisee that you would sue, not the big Subway national corporation.

  • Wed, Jul 1 2015 1:23 PM In reply to

    Re: My 11 year old son had a sharp knife in his sub from Subway

    Ever hear of paragraph breaks?

     

    Tommy022204:
    I immediately emailed Subway after we got home because we lived so far from that Subway. After 4 days there was no response and my son was in very intense pain. Finally I called the owner's firm and told his secretary what had happened and she relayed the message. Within minutes a rep from his office had contacted me. She was in shock at what had happened and was even more upset that no one from Subway contacted me after I reached out to them about what had happened.

    Interesting that there's no mention here about you doing anything to address your son's pain that was still present four days after the fact.

     

    Tommy022204:
    The rep turned the case over to Farmers Insurance. It took them 2 weeks to get in touch with me. I was furious at this point. Seeing my son in intense pain day after day, unable to sleep and always crying was ripping me apart.

    And now we're two weeks later and you've still done nothing to deal with the injury to your son?!  WTH?!

     

    Tommy022204:
    I told them that as long as they treat my son properly that I will not go to social media or local media. I mean how would it look if I was blasting all over the media saying don't eat at Subway because you may lose your teeth!

    It would look like potential extortion.  I'd like to think most of the general public isn't so dumb as to believe that this is a regular occurrence.

     

    Tommy022204:
    I told them that I went ahead and sent the $308.00 for the teeth being pulled to Medicaid

    Why would you do that?  You're not responsible for reimbursing Medicaid.

     

    Tommy022204:
    Can anyone help or offer advice on what to do

    Aside from the fact that you're not supposed to name names on this site, there's a TON of unnecessary detail here.  As you noted, this was the result of negligence, not willful misconduct, and your analogy to "torture" is, quite honestly, absurd.  On top of that, as my comments above indicate, your post suggests you did nothing to address the injury for about two weeks after it happened, and that's on you, not the owner of the franchised store (much less the franchisor itself).  You also need to disabuse yourself of the notion that you or your son is going to get any sort of massive financial windfall because of this.  You can counter with whatever you want, but if the only medical bills were a little over $300, I'd be shocked if you get more than $1k on top of that.

  • Wed, Jul 1 2015 3:11 PM In reply to

    • Arthur3
      Consumer
    • Top 150 Contributor
    • Joined on Sun, Jan 21 2007
    • Posts 293

    Re: My 11 year old son had a sharp knife in his sub from Subway

    Your post doesn't make sense. Why didn't you take your son to the emergency room? If you had done that they could have stopped the infection. Instead you let him suffer for two months and now he has lost his teeth.

    If you have medicaid they would have paid the bill.

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