If I was eating a TV dinner and bit into what I believe to be a bone chip that chipped a small piece of my tooth, is it worth pursuing legally?

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If I was eating a TV dinner and bit into what I believe to be a bone chip that chipped a small piece of my tooth, is it worth pursuing legally?

Asked on January 16, 2015 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Your personal injury case is worth pursuing.  Both the manufacturer of the TV dinner and the store where you purchased it are liable.  Contact both to obtain their insurance information.  In writing, notify the manufacturer and store and their insurance carriers that you will be filing a personal injury claim.

When you complete your dental treatment and are released by the dentist, obtain your dental bills, dental reports, and documentation of any wage loss.  Your personal injury claims filed with both the insurance carriers for the manufacturer and store should include these items.

Compensation for the dental bill is straight reimbursement.  The dental report will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the dental bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the insurance carriers for both the manufacturer and store, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit with separate causes of action (claims) for negligence and strict liability.

Negligence is the failure to exercise due care (that degree of care that a reasonable manufacturer would have exercised to produce a product that is not defective).  Strict liability is liability whether or not due care was exercised.

Both the manufacturer and store  where you purchased the product are liable.  The store is liable even if it could not have known the product was defective.

If the case is settled with one party (store or manufacturer) but not both, only name the party with whom the case has not settled as a defendant in your lawsuit.  If the case has not settled with either party, name both as defendants.

If the case has NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.  CA has a 2 year statute of limitations in a personal injury case which means your lawsuit must be filed before the second anniversary of the date of your injury.


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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