i chipped off part of A TOOTH EATING what was suppose to be a boneless chicken nugget.. it had to 2 small bones in it.

what should i do. my 1 yr old was eating same nuggets, these bones would have choked her.i called the co. and gave brief details of wht happened.. i am to call claims dept today..do i ask for them to pay to fix my tooth or what? thank you - Is this your question? Add additional information
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Answers (2)

Andrew Daniel Myers

Andrew Daniel Myers

Contributor Level 7
What the food manufacturer is going to hit you with is the old theory that asks whether it was a "foreign object" that caused the injury. Under this old theory that has been thrown at me by some "big time" lawyers, if it was a stone or glass, it was a foreign object, and they are liable. But, where it was a chicken bone in a piece of chicken nuggets, not a foreign object and no liabiliy.

However, most states have rejected this old theory and go by "reasonable expectations." In other words, where it was reasonable to expect a chewable chicken nugget without bones, you shouldn't have encountered the bone. Therefore, you should recover.

That's liability. However, on damages, the case is worth what damage occurred, NOT what WOULD have or COULD have happened. I've handled zillions of car accident cases in which my clients said the other driver "could have" killed them. Furtunately, my clients lived to tell the story. So, their cases settled, or were tried to a verdict, for what their injuries actually were, and not what could have or would have happened.

So, I have settled cases similar to yours for what it would cost you to have the restorative work done and perhaps a little on top of that for your pain and suffering.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.
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Alan James Brinkmeier

Alan James Brinkmeier

Contributor Level 10
Yes, see if the company will pay for your damages. If you are not satisfied with what you hear, contact a lawyer. Keep the evidence (those bones) and of course keep all the documents related to the medical treatments and dental treatments.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
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