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Pulled tooth

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rich05

Junior Member
What is the name of your state? Maine. I just got my tooth pulled from the screw in the spaghetti sauce incident, do I have a case against the company??
 


teflon_jones

Senior Member
You should be able to get reimbursed for your medical bills, plus possibly some amount for pain and suffering. Have you contacted the company about it yet?
 

HomeGuru

Senior Member
rich05 said:
What is the name of your state? Maine. I just got my tooth pulled from the screw in the spaghetti sauce incident, do I have a case against the company??
**A: what company?
 

rich05

Junior Member
teflon_jones said:
You should be able to get reimbursed for your medical bills, plus possibly some amount for pain and suffering. Have you contacted the company about it yet?
Yes, they are looking into it, they said the screw probably fell out of one of their machines
 

pezstar

Junior Member
The company actually TOLD YOU they think it likely fell out of one of their machines? That sounds off to me. Large companies don't like to admit any liability without investigation and a lawyer.
 

smorr

Member
I don't care if the screw fell out of their butts.. they owe you a better explanation than that! Send them a copy of the bill for the dental work. That should make 'em tighten the loose screws in their heads and get on the stick to repay you for your loss. The next step would be a good attorney if they reply with another stupid excuse.
 
Negligence Claim / Products Liability Claim

You should seek an attorney in your area to file a claim against Hunts. It would be a negligence claim. Using the doctrine of res ipsa loquitor, you'll need to show that 1. the event that caused the injury is one that would not have likely occurred w/o someone having been negligent (screws are not common ingredients in spaghetti sauce, so someone messed up), 2. that it's more likely than not that Hunt's negligence caused the injury, and 3. that you or another person is not responsible for the injury. You'll also need to show that Hunts' negligence is the proximate cause of your injury (get copies of your medical records)! Gather any evidence that could prove any of the above and take it to your attorney. Hunts, as a manufacturer, also makes special warranties as for its product... such as "fitness for intended purpose: and "implied warranty of merchantibility. these are not explict warranties, but implicit. Discuss these with your attorney as well.

Products Liability Claim perhaps? - a manufacturing defect - a manufacturer has a duty to inspect and a duty to test. The manufacturer is generally liable. Product Liability Claims result in strict liability if you can prove 1. that Hunts is a commercial supplier and 2. the product was defective when it left the manufacuter's hands.

You should be able to cover for personal injuries and economic losses (if there have been any.)
Good luck and have a quick recovery!
 

barry1817

Senior Member
screw in sauce

rich05 said:
What is the name of your state? Maine. I just got my tooth pulled from the screw in the spaghetti sauce incident, do I have a case against the company??
If I was asked to defend the company in this case, I would be asking for your dental records and evaluating them for decay on that tooth that was left untreated, mitigating the damages from the screw.

Notice the word, mitigating, which would admit a fault for the screw there but trying to minimize the damage. For example, if you had a severely decayed tooth, it may not have mattered what you bit on, that the treatment would have to be done, and all the screw did was move the timing forward.

If your dental health is clear, I would then advise the company to pay quickly.

[email protected]
 
T

Trucking Mad

Guest
barry1817 said:
If I was asked to defend the company in this case, I would be asking for your dental records and evaluating them for decay on that tooth that was left untreated, mitigating the damages from the screw.

Notice the word, mitigating, which would admit a fault for the screw there but trying to minimize the damage. For example, if you had a severely decayed tooth, it may not have mattered what you bit on, that the treatment would have to be done, and all the screw did was move the timing forward.

If your dental health is clear, I would then advise the company to pay quickly.

[email protected]
:rolleyes: Minimize for tooth decay is good.. I would think they would want to not try to drag this out ( like most big corp...It's bad publicity) with investigating such a trivial detail, settle with a mediator and move on!:cool:
 

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