Lost filling and cracked a tooth

I lost a filling and cracked my took when eating peanut brittle at a local candy shop. The cost of the dental repair is about $3000. Can I recoup my medical costs; do I have a claim? - Is this your question? Add additional information

Answers (3)

Lawrence Neil Rogak

Lawrence Neil Rogak

Contributor Level 6
The candy store owner's responsibility for your cracked tooth will depend, in large part, on whether there was anything in the peanut brittle that shouldn't have been there (such as a foreign object). Peanut brittle is tough on teeth -- the sticky sugary part can yank out fillings and the hard crunchy part can crack a tooth that's already been compromised by cavities. If the basis for your claim is that ordinary peanut brittle cracked your tooth, that's a very weak claim and the chances of success are probably very low. My suggestion for the future: stay away from peanut brittle and other hard candies. I'll bet your dentist told you the same thing.
Michael David Myers

Michael David Myers

Contributor Level 4
I suggest checking to see if the local candy shop has what is called "med pay" coverage that will take care of your dental expenses (regardless whether the candy shop or manufacturer was liable for your injuries).
Paul D Friedman

Paul D Friedman

Contributor Level 5
In most jurisdictions you would only be able to legally recoup your expenses if the store did something wrong. You could see if the proprietor carried no-fault insurance or med-pay which would be for an injury regardless of fault.

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