Visitor Question

Bit into pieces of glass in a bag of chips and broke my tooth…

Submitted By: Kacie (Kannapolis, NC)

My daughter and I were sharing a bag of cheesy krazy curls I had purchased at the seven eleven. I had taken a piece out and when I bit into it I felt my tooth break. When I spit it all out I saw there were multiple pieces of glass. I’m very glad my 3 year old didn’t eat it.

What action should I take in this matter as far as having to get my tooth fixed? I took pictures of the glass objects I bit into, the bag it came in, and my tooth. Do I have a case? How do I get compensation for the dental work I’ll need done? Is there anything else I should know? Thanks for any information you can give.

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 Kacie,

Hopefully you reported your injury immediately to the manager or employee at 7-11. If so, the manager or employee should have filled out an Incident Report of some kind. If so, ask for a copy of the report. While the manager or employee isn’t legally obliged to give you a copy, he or she may cooperate.

If immediately after the injury you showed the manager or employee the bag of Cheesy Krazy Curls, the broken glass, and also showed your broken tooth, you may have a good chance of having 7-11’s corporate office pay for your damages. This includes the dental work, your out-of-pocket expenses, your lost wages if you missed work, and an additional amount for your pain and suffering.

7-11 has a legal “duty of care” to make sure what they sell is safe for consumers who use items correctly. However, that legal duty of care is a reasonable one. This means 7-11 isn’t under a legal duty to open every bag of Cheesy Krazy Curls to see if the manufacturer left glass or other foreign in the packages.

However, if 7-11 received previous complaints about foreign objects in Cheesy Krazy Curl packages, and failed to take the packages off the shelves, then 7-11 most likely did breach its legal duty of care. In this case, the glass in the bag was the proximate cause of your injury.

A breach of their legal duty of care is referred to as the store’s negligence. That negligence becomes the basis for your legitimate personal injury claim against 7-11.

Unfortunately, if you ate the Cheesy Krazy Curls after leaving 7-11, you may have a very difficult time convincing 7-11 your tooth broke as a result of broken pieces of glass in the package.

In this case, 7-11 would likely take the position there was an intervening factor after you left the store which caused broken glass to be in the package, or that your tooth was damaged as a result of another set of facts unrelated to 7-11. While sounding far-fetched, under these circumstances this would be the likely scenario.

Your injury is serious enough for you to consult with one or more personal injury attorneys. Be sure to take with you the receipt, the bag of Cheesy Krazy Curls, and what’s left of your broken tooth.

If you don’t want to retain a personal injury attorney, you can contact 7-11’s corporate office and file an injury claim. Their Corporate Headquarters/Store Support Center is located at:

7-Eleven, Inc. One Arts Plaza 1722 Routh St., Suite 1000 Dallas, TX 75201 Main Phone Number: 972-828-7011

You can also go to 7-11’s web site.

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: September 16, 2017

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