If I broke a tooth biting to a kernel of the supermarket’s brand of popcorn, can I pursue the supermarket chain to pay my dental bill?

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If I broke a tooth biting to a kernel of the supermarket’s brand of popcorn, can I pursue the supermarket chain to pay my dental bill?

I have been a regular client of this chain and have often bought their popcorn brand. However, this time I had with a bag with a piece or so of a popcorn kernel, which was a surprise since I never saw a kernel in the packaging. I broke one of my important back teeth and am in pain. My dentist has recommended an extraction and then an implant with an oral surgeon, which my insurance does not cover. There is no disclaimer or warnings for the presence of kernels anywhere on the packaging, which I saved. I also have the packaging, receipt, and can provide the dental report/X-rays. I can save the tooth after extraction. Should I proceed to get an implant then sue to collect expenses or contact the corporate office before?

Asked on June 19, 2019 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It is unlikely that you could win this case. To win, you'd have to prove that it was unreasonably negligent for there to be a kernal in a bag of popcorn. But whether or not you have seen a kernal in a bag of this popcorn before, unpoppwed kernals are not unual or uncommon in popcorn; therefore, it is not likely to be found to be unreasonably careless for one to be included in this bag, since sometimes the corn does not 100% pop.


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