QUESTION

If I broke my tooth on an M and M candy could I sue them?

Asked on Jul 08th, 2015 on Personal Injury - New York
More details to this question:
I broke my tooth today on an M & M. I called the company to file a complaint and they want me to return the bag of candy and the object I broke my tooth on. I do not recognize the object - it is as hard as a rock though and definitely not a peanut. I would like to at least be compensated for having my tooth fixed. It is likely I will need a crown. Do I have a case?
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9 ANSWERS

Ronald A. Steinberg
If it is a contaminant not associated with the product, you can sue. Example: a rock in a cherry pie. However if it is something associated with the product, you can't. Example, a cherry pit in a cherry pie.
Answered on Jul 09th, 2015 at 2:32 PM

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James Eugene Hasser
Maybe; maybe not. You really need to be able to prove what it was you bit into. Good luck.
Answered on Jul 09th, 2015 at 9:19 AM

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Very likely you do have a case. A crown generally cost about $1,300, at least in these parts. It's risky sendng the manufacturer the foreign object. Best to take enough photos to show the object from all sides and send them along. Keep in mind that you may have other grounds for damages, such as the pain which accompanies the dental repair, lost wages, and possibly others. You might want to consult a lawyerbut lawyers are unlikely to want to represent you on a contingency because the damages are rather small.
Answered on Jul 09th, 2015 at 12:38 AM

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Edwin K. Niles
Yes, you have a case, but before sending the object make sure you take pix, and (ideally) have it examined by an expert.
Answered on Jul 09th, 2015 at 12:31 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Pursuing a case will not be easy. I doubt any attorney will accept the case on a contingency fee basis because your damages are not great enough. Even if you need a crown and a root canal, the total will be less than $4000. Most food companies are suspicious of all broken tooth claims because a tooth can break for almost no reason at all if it is ready to break from prior wear and tear. There is way too much fraud associated with adulterated food injury claims so no one will believe you without very good proof that connects the rock to their piece of candy you claim broke your tooth. Get you tooth fixed. Take a good photo of the "nut" and send it to Mars Co. I doubt they will pay anything even if you send them the rock. They would just lose it and you would have no proof of anything. Does it have any chocolate or candy coating left on it? If so, preserve it. Don't clean it up.
Answered on Jul 08th, 2015 at 3:06 PM

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Thomas Edward Gates
You should be able to get them to pay for any dental work. Your damages are very limited and it is to small of a matter to sue in superior court. If they refuse to pay, taken them to small claims.
Answered on Jul 08th, 2015 at 2:52 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You may well have a case if you can prove that there was some form of foreign or hard object either provided to you in the Eminem's bag or encapsulated in one of the candies. If you cannot prove that you will most probably not be able to successfully claim compensation for your damages. I would suggest that you at least confer with an attorney and then see what you can do with the company.
Answered on Jul 08th, 2015 at 2:06 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Yes, but you will have to return the package with the object. Before you do, document it in every way possible: weigh it, measure it, take photos from every possible angle. Take pictures of it sitting on a quarter. Take pictures on it sitting on a piece of graph paper. Show it to your dentist. Show it to some potentially independent person. Photograph the bag as well, and especially make sure that all the numbers are in focus. When you do send it, make sure that it is certified, return receipt requested.
Answered on Jul 08th, 2015 at 1:16 PM

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Personal Injury Attorney serving Milwaukee, WI
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Yes, you have a case. I think you should contact a personal injury lawyer to help you get the amount of compensation you deserve.
Answered on Jul 08th, 2015 at 1:16 PM

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