Legal Question in Consumer Law in New Jersey

Denture breakage

My 4 month old dentures ($1600) broke at the midline while chewing. The prosthodontist repaired it at no charge under protest and is refusing to perform the relining ($350) which is normally called for after this type repair. He has also 'dismissed' me as his patient when I complained. Can I sue in NJ small claims for non performance of contracted service or responsibility?


Asked on 9/06/06, 3:12 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Denture breakage

sounds like you have a claim. you may want to sue in small claims court. i could not predict whether you will win or not, but it seems you have a legitimate complaint.

Good luck to you.

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Answered on 9/06/06, 3:33 pm
John Corbett Corbett Law Firm LLC

Re: Denture breakage

It sounds as if you have a good claim. Small Claims court is an appropriate forum for the amount at issue. You may want to wait a while to ensure that the repairs are satisfactory.

Keep in mind the fact that you will need to show in court that the dentist failed to deliver the expected standard of care. As to the failure of the dentures in 4 months, the issue is fairly obvious, but you may be entitled to damages of the difference in value between a properly made set and one that has been repaired. Similarly, you will have to show that relining would be a normal part of repair. The judge may be inclined to admit documentary evidence from a "learned treatise" on that issue.

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Answered on 9/06/06, 10:28 pm


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