Legal Question in Consumer Law in California

Man Bites into Scone and Scone Bites Back

I found a human molar in my scone, from Starbuck's, of all places. I had the misfortune of biting into the tooth, not mine...

I have spoken with two cust. service reps at SBucks, asking for $1000 in free coffee, they have dnied that so far, demanding to see the evidence. I am happy to send the tooth and receipt, but my question: what is my legal recourse if they misplace the tooth? Thanks!


Asked on 5/11/07, 6:45 pm

4 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Man Bites into Scone and Scone Bites Back

First, the case is not worth $1,000 in free coffee unless you have some damages. What are your damages?

Second, don't send them the tooth. You can meet with a regional manager at a local branch and show it to them. Allow them to touch it, take pictures, etc... but once you send it to them, it will be gone.

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Answered on 5/11/07, 6:52 pm
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: Man Bites into Scone and Scone Bites Back

Well, all Seinfeld references aside (Kramer settles a case for free coffee), you may have damages above the 1k that you have asked for. I certainly would not as Mr. Sten points out, mail them the tooth.

I would be willing to discuss some of the issues concerning your case to see how I may be of assistance.

I offer prospective clients an initial consultation of 30 minutes for free.

I look forward to speaking with you.

Yours truly,

Bryan

Bryan C. Becker, Esq.

Principal

Law Office of Bryan C. Becker

The Koll Center

501 W. Broadway, Suite 800

San Diego, CA 92101

Toll Free: 877*201*8728

Direct: 619*400*4929

Fax: 619*400*4810

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 5/11/07, 7:32 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Man Bites into Scone and Scone Bites Back

I agree with Mr. Stein. Other than your reluctance to buy another scone at Starbucks (which I happen to enjoy from time-to-time without a tooth therein), how were you injured? Did you break your own molar? If not, I don't think a jury in the world would award you more than the cost of a cup or two of coffee.

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Answered on 5/11/07, 7:40 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Man Bites into Scone and Scone Bites Back

You would be foolish to send them the evidence - you wouldn't get it back, and your case would be rendered toothless.

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Answered on 5/11/07, 8:35 pm


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