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-   -   Product liability how much can I ask for broken tooth (https://www.askmehelpdesk.com/showthread.php?t=722519)

  • Dec 13, 2012, 06:32 PM
    mishmash00
    Product liability how much can I ask for broken tooth
    I broke my tooth on a piece of metal in my Quaker oatmeal. I now have a crown on the tooth. Quaker has admitted that the metal was from one of their machines. They offered to pay my dental and lost wage, $1600. I want to counter offer. I researched and crowns last approx 8-10 years, so I may have a few replacements and endure more pain in the future. Although it's a tooth, I am physically altered due to eating breakfast that morning. I am not able to chew regularly on that side of my mouth, chew gum and that tooth is now very sensitive to cold. What would be a reasonable counter offer to Quaker?

    Thanks.
  • Dec 14, 2012, 06:21 AM
    tickle
    I have crowns and bridges that have lasted 30 years, no sensitivity to hot or cold or chewing. If you are having sensitivity to chewing, then must go back to your dentist and have the oclusion altered so it is comfortable.

    You are physically altered from eating breakfast that morning, because of a tooth replacement? How so, is it visible to anyone else? Have you been disabled in any way from this; has it effected carrying out your day to day activities, or have you loss of work from this incident?

    If you want advice on this matter, I suggest your hire a lawyer and consult if you want more money from Quaker Oats after they admitted to the metal being in the cereal and, after all you did accept the $1600. Which probably means, case closed.
  • Dec 14, 2012, 06:42 AM
    AK lawyer
    Quote:

    Originally Posted by tickle;
    ... after all you did accept the $1600. which probably means, case closed.

    Read it again:

    Quote:

    Originally Posted by mishmash00
    They offered to pay my dental and lost wage, $1600. I want to counter offer.

    mishmash00 did not accept the offer, that I can see.

    Quote:

    Originally Posted by mishmash00
    What would be a reasonable counter offer to Quaker?

    Add $800 for pain, suffering, etc. I agree with Tickle that if the crown is presenting problems you need to go back to the dentist. That's caused by a defect in the dental work, not the oatmeal.
  • Dec 14, 2012, 06:46 AM
    tickle
    Thanks for pointing that out AK; I love object lessons and apologies to the OP for reading that incorrectly. So what is your advice other then this.
  • Dec 14, 2012, 08:37 AM
    joypulv
    I'd say that your counteroffer depends on whether a lawyer is involved.
    I think 3K is reasonable for a no lawyer, out of court settlement.
    You could have perforated your intestine or worse, and they don't need this to get out on the internet.

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