If my mom bought chicken at a market store and bit down on a screw and hurt her tooth, do we have any legal recourse?

UPDATED: Oct 13, 2014

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If my mom bought chicken at a market store and bit down on a screw and hurt her tooth, do we have any legal recourse?

After she was done cooking the meal, she found a rusted screw in her plate. We checked that the screw didn’t belong to the pot, spatula or cabinets. My mom slightly hurt her tooth. What should we do or should we disregard the incident?

Asked on October 13, 2014 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the market allowed or caused a foreign object (the screw) to get into the food, they could be liable (financially responsible) for any injuries it causes. However, you write that you mother's tooth was only "slightly" hurt. If so, the question is, how much compensation is she entitled to? The amount of compensation you can receive is related to the extent of the injury, the degree to which it impairs your life, and the cost of medical care (your out-of-pocket costs; that is, the portion of medical cost not paid by insurance). As a very rough rule of thumb, unless the medical cost (e.g. dentist) is $500 or more, it's likely not worth a lawsuit--even a small claims case, acting as your own attorney; unless the medical cost is in excess of $3,000, it's not worth hiring an attorney.

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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