Legal Question in Personal Injury in Michigan

I want to claim for compensation of dental procedure expenses due to direct injury of my tooth when I was eating a sandwich being brought from a supermarket branch in my university. The sandwich contained a very tiny hard object that cracked my tooth. I would like to ask for your valuable advice regarding the following issues:

1. whether the parties along the chain of manufacture, including the supermarket and my university in charge of the selection of retailer for provision of food to the university staff, who make products available to the university staff are held responsible for the injuries those products cause?

2. Is it right to say that the parties mentioned in (1) have no liability as the sandwich was not manufactured by them?

3. The food manufacturer said that the company will probably reject my claim because I could not provide the past 5 year dental record to prove that my teeth are in good condition before this incident and I have not kept the small tiny substance which cracked my tooth as a proof. The fact is that:

a. The small tiny object that hurts me in the sausage was mixed with bread, egg and chess. At the moment I got hurt, I spew the entire mix out. But that tiny object cannot even be found by naked eye.

b. Even though I have a dental record, it still cannot act as a proof to confirm the condition of my teeth prior to this alleged incident because that record can be just before the alleged incident. I think my current teeth condition, besides this cracked tooth, is a much stronger evidence showing that my teeth conditions are good prior to this incident.

Is it right for the food manufacturer to reject my claim simply based on the fact that I failed to provide the above evidence?

Can the medical report that explain the cause of injury serves as a sufficient evidence in my case?

Thanks so much for your help.


Asked on 2/29/12, 4:02 am

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

I have successfully handled these kinds of cases before. The key is that you are not an attorney and the insurer simply doesn't want to pay you anything. I have little luck negotiating these pre-suit, but once in suit, they can be very decent cases. Not having the item is an issue. Not having dental records is also an issue, but neither are fatal. Tim Klisz

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Answered on 2/29/12, 5:13 am
William Stern William Stern, P.C.

You ask intelligent questions. However, as you apparently see, this is potentially a complicated case. You need an experienced attorney. Don't do this alone.

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Answered on 2/29/12, 8:08 am


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