If I damaged a tooth on foreign object in a packaged muffin mix, what are my rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I damaged a tooth on foreign object in a packaged muffin mix, what are my rights?

I purchased a packaged banana walnut muffin mix (national manufacturer). I made it as per the instructions and served them up. However upon biting into one I crunched down on a 1/4″ piece of walnut shell that damaged a tooth. I tried to call before the holiday and didn’t reach them in time, so I then emailed them instead. The following Monday they wrote back and I called and explained my situation. The woman in the customer service department was rude and didn’t want to accept liability. She claimed that my tooth must have already been damaged. I have the shell and packaging in hand and a witness who was there when I bit into it. Do I have a case?

Asked on January 5, 2011 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF there was indeed a foreign object that should not have been in the mix but was, and was what injured you, then you would likely have a valid lawsuit or claim. However, it may not be worthwhile pursuing...you can only sue for what your damages were (e.g. the cost of the dental care); given the cost of a lawsuit, especially that in a case like this you may need to bring a dentist in to testify, it's entirely possible that you could spend more suing than you'd recover. Unfortunately, there are times when someone "has a case" but it's not a worthwhile one. You should take stock of what your costs were, and also whether you have any permanent detriment or disability (which is something else you can sue for) and see whether it is worthwhile trying to sue.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption