How should I proceed if I broke a front crown while biting down on a slice of sprouted bread that had a hard object in it?

I retained the 1/8″ rock hard object that did the damage along with the bread loaf/bag and receipt. I contacted the bakery in question. They were nice about it and requested that I send the bread bag and object to them. I am assuming that this would be for their liability and quality purposes. They also stated, “We would advise you to see a dental professional to have the crown repaired, and submit the costs associated directly to my attention. Once our investigation is complete, we will get back to you with a determination immediately”. If I give the object over to the bakery, then I no longer have the evidence.

Asked on September 19, 2014 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You raise a valid concern about losing your evidence. You can mitigate, or reduce, that concern that taking photos of the bread bag and object; taking videos of it, with you narrating about what happened; having friends of yours (who'd be willing to testify in court) examine it, so they can confirm that you had it and what it was; and even showing it first to your dentist, so it can be written up as part of his medical notes. After doing all that, while you still potentially lose something by presenting it to the bakery, you will have preserved fairly extensive evidence and, if by giving it to the bakery, you enhance the odds of a settlement, it is likely worthwhile doing. Whatever you send to them, send in some fashion that you can prove delivery, such as by Fed Ex with Tracking.


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