Broke tooth eating Kellogg’s Frosted Flakes

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Broke tooth eating Kellogg’s Frosted Flakes

I have been eating Kellogg’s Frosted flakes for breakfast every morning for most of my life. One morning while eating them, I broke my tooth. The flake that broke my tooth was not flat like a normal flake and was hard as a rock. I went to the dentist and they want almost $2,000 to fix the tooth. Money I don’t have right now. I kept the flake and another like it I found in the same box. Would Kellogg’s be liable? I live in Tennessee.

Asked on May 16, 2009 under Personal Injury, Tennessee

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The good news is that you kept the evidence and regardless of where you are from, you can sue for just about anything in the United States.  I suggest keeping track of all the destist bills and send a letter, certified mail, to the corporation explaining what happened.  If you do not hear back from the corporation within 2 weeks, i would hire a lawyer to sue for negligence, among other things as the corporation certainly has a duty of care to ensure that the flakes are etable and not going to cause damages to peope who eat them.  You should be entitled to reimbursment of your medical expenses as well as any pain/suffering.  Do not lose the evidence!


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