IfI hurt my tooth on a nut shell that was in some candy that I was eating, doI have a case?

UPDATED: Feb 23, 2011

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IfI hurt my tooth on a nut shell that was in some candy that I was eating, doI have a case?

One of my ferrero rocher piece has a hazelnut that was still in the shell. When I was chewing on the chocolate piece, the shelled hazelnut damaged my tooth. And now I am having tooth pain. Do you think I have a claim against them?

Asked on February 23, 2011 under Personal Injury, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) Legally, if the is candy was supposed to not have shells in it, then if there was one, the candy may be defective and you may have a cause of action against the company.

2) However, whether or not you may legally have a claim--that is, whether or not they may be liable--is only part of the equation. The other issue is whether it's worth while suing. You can only sue for medical costs, other out of pocket losses, or significant pain and suffering (there's no recovery for a little discomfort). Say it would cost $800 out of pocket, or $50 with a copay (if you have dental coverage) to get your tooth fixed; is it worth hiring a lawyer (bringing a product's liability lawsuit is not for the layperson) to try to recover that much? You'd spend more than you get.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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