What legal action can I take if I was eating a bowl of cereal and bit into something hard as a rock?

UPDATED: Nov 18, 2014

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What legal action can I take if I was eating a bowl of cereal and bit into something hard as a rock?

It was the most painful thing I have felt in a long time and my teeth are still in pain from this. I put the objected in a plastic sandwich bag and I have the rest of the box of cereal. This sort of thing has happened to me before and I never have done anything about it. I should not have to worry about what I eat because I might bite into something hard, and because of this, I am.

Asked on November 18, 2014 under Personal Injury, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF the object were in the ceral bag/box when you opened it, it's possible that the manufacturer might be liable for your injuries--but, from what you write, you did not suffer sufficient injury to have a viable lawsuit. The law does not provide compensation for pain unless it is so severe and long-lasting as to cause significant life impairment. And even when there is an award for "pain and suffering," the amount you can get is supported by and related to your medical costs and by a finding or diagnosis of physical injury. (After all, if you're in such pain as to significantly impact or harm your life, you'd seek medical care; and the pain were real, and not a fignment of your imagination, they'd find some medical cause or diagnosis for it.) You do not write that you have sought medical or dental care; you do not write that your teeth are cracked or jaw dislocated; in short, you describe nothing but feeling pain. Feeling pain, without a medical cause and medical treatment, will not support recovering compensation.

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.

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