Visitor Question

Bit Into a Metal Rod in My Pizza…

Submitted By: Rachel (Lawton, OK)

I purchased a frozen “brick oven” mushroom and spinach pizza from the store. After cooking it I took a bite and bit into a metal rod that broke my tooth. I am very upset about the negligence and poor quality control of the company. If my children or I were to swallow this rod there could have been some serious consequences.

I think the company should be responsible for fixing my tooth along with my pain and suffering. What can I do about this?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Rachel,

First, seek appropriate dental care. Before you take any action against the manufacturer you should take care of your tooth. Doing so helps you personally, and ultimately may help your case.

Notify the company in writing. Send a certified letter, return receipt requested, to the company’s headquarters. Tell them what happened. Enclose in your letter a copy of your immediate dental bill and verified and credible estimate for the repair of your tooth.

Make sure you get an estimate from a top rated orthodontist. There is no reason you have to settle for anything less.

Unfortunately you may not have as much luck getting compensated for your pain and suffering. You first have to get them to agree they are responsible for the damage. Unless you have some sort of proof linking the metal rod to your broken tooth the company may contest your claim. Hopefully they won’t.

If they agree to pay for the repair of your tooth they may also agree to pay you an additional amount for the pain and suffering you endured.

If they ignore you, or refuse to cooperate, you can always consider legal action in your local small claims court. The State of Oklahoma’s Small Claims Court’s jurisdiction is $6,000.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: April 12, 2012

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