Legal Question in Personal Injury in Wisconsin

I cracked a front tooth past the gum line which had to be pulled the next day. I was eating a ice creme from a well known place and a piece of plastic was in it and when I took a bite, I bite down on this piece of plastic and it cracked my tooth. I now have to get an implant which my insurance does not cover.

I had to obtain credit to pay for all these expenses which in turn put a halt to our refinancing our home because our credit scores fell below the needed score due to having to obtain credit to pay for the tooth damage. I also had to stop going to physical therapy because I cannot afford to pay for both. This stupid piece of plastic has really put a strain on my life, my health and our finances.


Asked on 7/27/15, 9:23 am

1 Answer from Attorneys
JAY Nixon nixon law offices

If you can prove all of this and timely reported it to the merchant, your claim might be worth pursuing, depending upon how high your damages were and whether or not you will need to pay your insurance company back on subrogation for medical bills they paid. Many attorneys would want you to contribute to out of pocket expenses in defective food related litigation, since they can be quite high. You might need to prove that this type of plastic was likely to appear in this food manufacturing history, if the merchant denies that it was theirs.

Answering this question does not make me your lawyer, and I would normally not do anything else on your case without additional arrangements, although you can ask for clarifications here or also see my past answers to similar questions at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. View over fifteen years of past answers at http://www.lawguru.com/answers/search/attorney/jknixon or www.jayknixonlaw.com. Answers may contain attorney advertising materials. .

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Answered on 7/28/15, 5:53 am


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