Two days ago, I bit into a hard object in a bowl of sugary cereal. The object was harder than my tooth, and has caused a 2-day long toothache. I contacted the parent company by email, and was contacted by phone today. After being asked a few questions, they informed me they were sending a "packet" to me, and request I send the object to them (they surmised it was a caramalized piece of sugar, saying measures were in place to prevent this) and also said there would be coupons for company products in it. Should I expect the company to have some liability for this? I have never sued anyone in my life, but this has legitimately caused quite a bit of pain and concern on my part, and I am leery about sending the object to them and using the coupons. I do not know if it cracked my tooth or not, it felt like I bit into a rock. They obviously had some concern for their liability; they asked if anyone else was eating with me, etc. Should I just use the coupons and hope the toothache goes away?
2007-05-30 06:41:49 · 6 answers · asked by Kavendor 1 in Politics & Government ➔ Law & Ethics
The company's liability depends upon what the object was. If it was a foreign object, i.e. a rock, they probably are liable for any damage (depends upon your jurisdiction). If it is something that could be expected to be in the cereal, i.e. caramelized sugar, probably not (again, it depends on the law in your state). You don't say whether you still have the object. That will be important. Don't give it to the company until you know what your injuries are.
That's the next step. You need to establish whether you were injured. Obviously, a toothache is an injury, but without more it may not have a lot of value (sorry, that's kind of the way it is). You should see a dentist to see if you have a cracked tooth. You can demand that the company pay the bill. They may or may not fight you on it.
You might want to talk to an attorney, but, again, there may not be a lot of interest depending on the potential value of the case. You can always take the company to small claims court.
Good luck.
2007-05-30 06:59:26 · answer #1 · answered by John W 3 · 0⤊ 0⤋
You have to be aware that these kinds of accidents will happen once in a while, especially if you are eating processed food. If anything you should ask them to cover a visit to the dentist and any repair that is necessary, but just getting a toothache from biting into a chunk of sugar does not entitle you to some kind of settlement.
2007-05-30 13:48:30 · answer #2 · answered by Anonymous · 1⤊ 0⤋
You're probably not going to get much for a toothache, if that's all it is. Take the coupons and see a dentist.
2007-05-30 13:49:03 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Can you absolutely prove that the object came from the box? Could have been in the bowl before? Could something have fallen into your cereal?
Move on with your life and enjoy more cereal.
2007-05-30 13:47:58 · answer #4 · answered by mustagme 7 · 0⤊ 0⤋
If you have suffered no personal damages, than you have no law suit. If it is what they say, than it is still a food substance and thus not a foreign body.
If it were a shard of metal or glass bits you 'may' have a case, but don't count on it. You would have to prove there was negligence on their part to win.
2007-05-30 13:48:11 · answer #5 · answered by Dog Lover 7 · 1⤊ 0⤋
contact a lawyer who handles this type of case, he/she will advice you on what action is required, ie dental treatment etc.
2007-05-30 13:50:01 · answer #6 · answered by dover56dover 3 · 0⤊ 0⤋