QUESTION

What can my fiance' do if he found plastic beads in a bag of chips?

Asked on May 09th, 2013 on Personal Injury - Oklahoma
More details to this question:
My fiancé recently bought a bag of chips. As he was eating the chips he bit into something so hard it cracked his tooth. He looked inside the bag and noticed there were about 7 little plastic beads inside the bag. He still has the bag and would like to know if it’s worth taking to court and what type of lawyer would best suit this kind of case. He hasn't been able to eat anything since the incident and hasn't been able to get into a dentist office.
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9 ANSWERS

Lisa Hurtado McDonnell
Well he would need to proof that the beads were in the bag. Did have any witnesses? Did he tell someone about the beads? He would need a dentist to testify that the beads cause the injury to his tooth.
Answered on May 14th, 2013 at 5:36 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Send a letter to the manufacturer with a picture of the beads and a bill for fixing the tooth. They will probably pay for the tooth and send you a case of chips.
Answered on May 14th, 2013 at 5:35 AM

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Civil Litigation Attorney serving Savannah, GA at Lueder, Larkin & Hunter, LLC
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Please understand that it is difficult to fully answer your question without more facts. My response to your inquiry in no way creates an attorney/client relationship between us. I'm sorry for your fiance's experience. Unfortunately, it seems foreign objects show up in our food more frequently than we like to think. These cases can be difficult to prove. However, it is good that he kept the bag of chips and the plastic beads. He needs to keep that in a safe place because if you do file a claim or file suit, that will be crucial evidence. I will need more information in order to give you an opinion as to whether he should make a claim. When did this occur? Where did he buy the chips? What kind of chips? Why has he not seen a dentist yet? Has he contacted anyone at the chip manufacturer? If yes, what was said? While I still need these additional facts, I think his situation is definitely worth looking into further as a valid claim may exist. If you can please provide these additional details, then I may possibly be able to assist you in greater detail. An injury/accident attorney licensed to practice in Georgia is the type of attorney that you need which is exactly what I practice.
Answered on May 10th, 2013 at 1:25 PM

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James Eugene Hasser
Keep the chips and bag and beads. Let the manufacturer know. Get your economic damages information together. Im not sure the injuries are bad enough to warrant getting a lawyer, but it never hurts to consult one. If you do consult one look for a personal injury accident lawyer.
Answered on May 10th, 2013 at 12:47 PM

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Ronald A. Steinberg
Yes, the plastic beads would be considered a foreign substance within the potato chips. They did not fly into the bag by themselves, and so the manufacturer would be responsible. the case is worth whatever damages he can prove resulted from having bitten onto the beads. Have the dentist determine (if possible) whether or not he will eventually need a root canal procedure. Also, if he is now experiencing neck or jaw pain, have him checked for a TMJ problem. The dentist will know what I am talking about.
Answered on May 10th, 2013 at 12:46 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Any personal injury lawyer ought to be able to help you, if he has a serious dental problem as you suggest he will have to have a dentist opinion about the seriousness. If you are just trying to get a couple of bucks and there is no serious injury forget it. it wont be worth the trouble and expense
Answered on May 10th, 2013 at 12:44 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Dentist first, then lawyer. He will need a personal injury lawyer, who will get a hold of the chip company or its insurance company to make a liability claim.
Answered on May 10th, 2013 at 12:43 PM

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Workers Compensation Attorney serving Oakland, CA at Farber & Foote, LLP
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A lawyer who knows personal injury would be the right type of lawyer. I would preserve the bag of chips and the beads in a plastic bag. Once he goes to the dentist and knows the extent of the damage then you can decide with your lawyer whether it will be worth pursuing. I had a similar case with ball bearings in beef jerky once that caused extensive tooth damage to a client.
Answered on May 10th, 2013 at 12:43 PM

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Administrative Law Attorney serving Tulsa, OK at Campbell & Tiger, PLLC
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An attorney that practices in the areas of product liability and personal injury can evaluate your case. A central question in the case will be how did the plastic get in the bag? It likely entered the bag during the manufacturing of the bag or the packaging of the chips. If your attorney can establish the plastic was in the bag when your fiance purchased the product, he will have a good claim against the seller of the product and the producer of the product.
Answered on May 10th, 2013 at 12:43 PM

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