Legal Question in Personal Injury in Florida

I chomped down on a pebble in my jimmy dean sausage patty. I broke a tooth and it will have to be capped. I'll be missing a days work and it has taken up 3 different days with trips to the dentist. I've also had to deal with the pain of a broken tooth and the future risk/expense of a capped tooth. I've only had 2 cavities in my life and so this type of dental work is frightening to me and as far as I'm concerned permanent damage to me. What could they be responsible for? I have dental insurance, so my out of pocket will be less than $500.

Asked on 8/03/10, 7:52 am

3 Answers from Attorneys

Jane-Robin Wender Wender Law, P.A.

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the value of the deductable and 2 lost days of work

Answered on 8/08/10, 6:30 pm

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Shelly Schellenberg MI & FL private practice

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If the product was defective and Jimmy Dean knew or should have known of the existence of foreign objects in this sausage, but failed to take appropriate steps to protect the public from harm, the company may be liable for more than just your "out of pocket" costs, because you arguably have suffered damages that include pain/suffering and a tooth that is permanently compromised with a cap/crown. Only through discovery will an attorney be able to determine what precautions were taken, and whether internal audits of their product showed the existence of foreign objects in the food. A pebble is not a common occurance in the making of sausage, like a piece of bone may be. Do you still have this pebble?

Answered on 8/09/10, 6:36 am

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