What legal action can I take if I was eating a bowl of cereal and bit into something hard as a rock?
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What legal action can I take if I was eating a bowl of cereal and bit into something hard as a rock?
It was the most painful thing I have felt in a long time and my teeth are still in pain from this. I put the objected in a plastic sandwich bag and I have the rest of the box of cereal. This sort of thing has happened to me before and I never have done anything about it. I should not have to worry about what I eat because I might bite into something hard, and because of this, I am.
Asked on November 18, 2014 under Personal Injury, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
IF the object were in the ceral bag/box when you opened it, it's possible that the manufacturer might be liable for your injuries--but, from what you write, you did not suffer sufficient injury to have a viable lawsuit. The law does not provide compensation for pain unless it is so severe and long-lasting as to cause significant life impairment. And even when there is an award for "pain and suffering," the amount you can get is supported by and related to your medical costs and by a finding or diagnosis of physical injury. (After all, if you're in such pain as to significantly impact or harm your life, you'd seek medical care; and the pain were real, and not a fignment of your imagination, they'd find some medical cause or diagnosis for it.) You do not write that you have sought medical or dental care; you do not write that your teeth are cracked or jaw dislocated; in short, you describe nothing but feeling pain. Feeling pain, without a medical cause and medical treatment, will not support recovering compensation.
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