Legal Question in Personal Injury in Nevada

Trail Mix and broken tooth - Wal-Mart

Purchased Wal-Mart brand of Trail Mix and bit down on a cherry pit that partially broke a back tooth. Wal-Mart forwarded the claim to the product Vendor who, after review, along with Hartford Insurance, stated this would not be accepted as a claim. The state the bad informs of possible pit or fragments (which it does - on back, in tiny font following at the end of ingredients.) I called back Wal-Mart insurance carrier and they said they rely on the vendor to make the determination. Is there any further action to take? With whom?


Asked on 1/18/08, 11:46 pm

1 Answer from Attorneys
James Smith James E. Smith Ltd.

Re: Trail Mix and broken tooth - Wal-Mart

You will have a difficult time with this case because it is a products liability case involving small damages against a vendor which has given the consumer a warning. Wal Mart will litigate this case all the way to trial.

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Answered on 1/19/08, 12:14 am


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