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Just chipped my tooth on a small nail that was in my chicken tender. Should i do something?

Orange, VA |

I bought a bag of chicken tenders about three weeks ago. (Tyson chicken tenders) I just cooked three and during my lunch i bit into something i thought was maybe a bone or something but it was a small nail about a quarter inch long. I was not severly injured but i feel if i don't do something this could have been much worse. if a light is not shined on better processing of food this will continue to happen.

Attorney Answers 4

  1. technically, you potentially would have a claim. HOWEVER, it would not be productive to attempt a claim and should therefore ignore it from a legal perspective. you might send the company a letter and let them know so that they can improve their quality control. keep the chicken and the nail in case they want it.
    good luck

  2. My colleague's comment is essentially on the money in recognizing this case is probably not worth a tremendous amount of money, but the exact potential value is somewhat dependent on whether or not you will be seeking any dental care to address the injury to the tooth. As most personal injury attorneys will consult with you without charge, I would encourage you to relate your situation to a competent practitioner in your area.

    On another level, it is probably impossible for a food prcessing business to keep all foreign objects out of their product, so this sort of thing does tend to reoccur from time to time. Good luck.

  3. Unless you need dental care to fix your tooth, you are looking at a $0 recovery. No attorney will take on a case with little or no damages because these types of cases are inherently hard to prove.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

  4. Bringin suit can be expensive. When your damages are small, sometimes bringing suit is not economically reasonable. Even if you brought suit and received a verdict, that will not shine a light on better processing of food. The company involved may do an investigation into what happened, but they don't have to change their methods. A verdict against one company would not affect other companies. What you can do is contact the health department. Sometimes they can make investigations into problems concerning health. If the chicken was processed outside of the Orange area, the health department may be able to refer you to someone in the appropriate area. The other thing you can do is write the company and explain what happened. Very often when this is done, companies will investigate and get back to you with their findings. If you have any other questions, feel free to call me. I am in Charlottesville - Tucker Griffin Barnes - 434-973-7474.

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