If I broke y tooth due o a piece of wood in my ice cream, can I get compensated for it?

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If I broke y tooth due o a piece of wood in my ice cream, can I get compensated for it?

I was eating ice cream and bit on a piece of wood. It broke a tooth that I had just got capped last year. Can I get the funds to have the tooth replaced from the company before having the work done if I don’t have the money to do it? I contacted the company and they sent me 3 coupons for ice cream…not acceptable. What do I do?

Asked on June 2, 2017 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you can show the piece of wood was not added later, after the ice cream left the company's control (e.g. some person, as a prank or to cause harm, opened the container and inserted a piece of wood, or if you were eating an ice cream cone, the wood did not somehow fall into it after it was served to you, etc.), then you would be entitled to compensation. Unfortunately, if the company does not voluntarily compensate you, the ony way you could get compensation would be to sue them, which can take months or even years and can be quite expensive (e.g. you'd need to hire a dental expert to testify about the injury, the the treatment, the cost thereof, etc.). There is no way other than a successful lawsuit to compel payment, but its not always feasible (given the time involved) or cost effective (given how much you might recover vs. the cost) to do so. And the fact that you do not have the money for the tooth replacement without compensation is irrelevant: that in no way speeds up the process.


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