QUESTION
Is broken teeth grounds for a lawsuit?
Asked on Dec 20th, 2012 on Personal Injury - Montana
More details to this question:
I bit into a hotdog and there was something in there and I broke off part of two of my teeth had to go to the dentist right away because I was really freaking out about breaking my teeth. I was at a baseball game and not sure who is responsible the stadium the vendor or whoever made the hotdogs originally. I need legal advice soon because I'm not sure what to do next. Thank you.
7 ANSWERS
Lisa Hurtado McDonnell
Do you have any proof? A witness? Did notify the vender?
Answered on Jun 21st, 2013 at 12:52 AM
Ronald A. Steinberg
The manufacturer of the hot dog would be responsible. You may be able to claim against the vendor under a theory of Breach of Warranty. You do have a case, but honestly, there may be a defense. Too complicated to explain, but I will give you an example: Cherry pie. Bite into a piece and break your tooth on a cherry pit. Pits are in cherries, so there is no foreign object, and so no case. However, bite into the pie and break your tooth on a rock. Definitely a foreign object and so there would be a case. If what broke your tooth was a piece of bone, perhaps no case.
Answered on Dec 24th, 2012 at 12:14 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Do you have the item that caused damage? How will you prove what caused the damage? Talk to a products liability lawyer. You may have a case but not much of one I am afraid.
Answered on Dec 23rd, 2012 at 6:24 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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It could be grounds for a lawsuit, but I'm not sure about the availablity of evidence. Do you still have the hotdog? Are their witnesses? You would be going after the manufacturer of the hotdog, but you have to find out who that is.
Answered on Dec 21st, 2012 at 12:17 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need to see an attorney. He/she will with your facts be able to tell who might be frond liable for you damages.
Answered on Dec 21st, 2012 at 2:55 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You do have a potential lawsuit against the vendor, the stadium, or both. If you have dental insurance to cover the bills, it may not be worth bringing the suit if the tooth is fixed to the extent that there is little difference. You can contact the stadium and advise them that you want to file a claim for the damages, or you can retain and attorney. Hopefully, the stadium will put you in touch with whoever handles such claims.
Answered on Dec 21st, 2012 at 2:49 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Dental injuries without proof of what you bit won't go anywhere. Do you have a photo of what was in the hotdog? If not, then all you have is a dental bill. Even with the proof, you have a small claims court case. Good luck.
Answered on Dec 21st, 2012 at 2:28 AM