Broken tooth while eating cereal

UPDATED: Oct 2, 2022

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Broken tooth while eating cereal

I was eating a box of frosted flakes and
i got a ‘frosted flake’ that was
basically a little rock. It broke my
tooth causing good deal of pain. Is this
something worth pursuing to sue General
Mills for? I do not have dental
insurance nor do i really have enough
money to pay for dental procedures to be
done right now.

Asked on July 27, 2019 under Personal Injury, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Even if a flake was harder than you would expect, if it was not in fact a rock or other foreign body, to win a lawsuit, you'd have to be able to prove in court that the piece of cereal you bit into was unreasonably hard or firm--harder or firmer than is normally found in cereal boxes or safe to have in cereal--which can difficult to do. You can't just say that you though it was too hard, because you are a non-expert with no basis for that assertion; you'd have to have some sort of cereral or food safety expert testify about this flake (how hard it was) and what is or is not generally acceptable in cereal. That can be expensive: you'd have to pay such an expert anywhere from several hundred to several thousand dollars. And, of course, even if you are willing to do that, you'd not win unless the court believed the flake was unreasonably hard and also that it broke your tooth, which is possible but not guaranteed. Therefore, you could spend a great deal of money on this case without knowing you will win it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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