defective candy

[captnwmkidd]

What is the name of your state (only U.S. law)? TN
What is the name of your state (only U.S. law)? TN
My mother bought a bag of candy in Dec. 2012. She opened the package and put one in her mouth and bit down. The defective product broke her tooth off. Upon examining the product, it was discovered there were pieces that were hard as rocks. She was in substantial pain. She called the candy company and they sent her a return envelope to mail the product to them. They informed her that extreme heat had caused the product to make the candy hard. They informed her to call their insurance company, for reparations. Their insurance company asked her to get an estimate on what the initial dentist visit would cost and fax it to them, as they would cover the cost for x-rays and to see what damage was done and how to repair it. They covered the initial cost and the dentist said it would cost $269 to surgically extract the tooth, as it was too damaged to repair. The insurance company initially offered my mother only the $269 to have the tooth removed to settle. I got involved and spoke with them and said that was not acceptable. They then offered her $310. Seriously. They said the extra $41 was to cover expenses and the inconvenience this has caused her. I again said it was unacceptable. I stated that to make her whole, they would need to replace the tooth or pay for a partial plate denture and to cover her pain and suffering. The offer went to $400, then $500, after I discussed what a jury or an arbitrator might decide a fair compensation might be. She is 82 years old. The dentist said an implant would be overkill because of the condition of her remaining teeth and advised against that option. My question to you would be what would be a reasonable offer to accept in this situation without going to court or an arbitrator? The offer on the table right now is $550. It is that amount because we thought they were offering $550 besides the cost of making her tooth whole. They said the $550 is for everything. I told them I would contact the dentist to see what a partial would cost and communicate with them again afterwards. What would be a reasonable amount to get to avoid going through a lengthy court case. As I stated, the offer is currently $550, which includes any dental work. Please give me your opinion on your experience with cases such as this. what do you think they would be allowed to offer max? Thank you very much for your expert advise concerning this matter and I look forward to hearing your thoughts. She is not trying to get rich off this. She simply wants shown respect and be compensated for her missing tooth and the pain she has endured.

 

[ecmst12]

How much will the reconstruction cost?

 

[captnwmkidd]

Reconstruction cost is anywhere from $2000 to $3000 for implant. For a partial plate, it is anywhere from $500 to $1200. The dentist said the implant is not an option because of age and condition of remaining teeth.

 

[justalayman]

Your description does not necessarily mean it was defective in such a manner it could be considered defective in the liability issue. Without necessarily naming the candy if you do not wish to, what is the basic type of candy involved?

does she have all of her other teeth?

 

[ecmst12]

If you can get the actual cost to extract the tooth and get the partial plate, you will be really lucky. Mom wouldn't be unwise to consult with a lawyer about this.

 

[justalayman]

more questions:


do you have proof the tooth was in good ,healthy condition prior to the damage? Are the rest of her teeth in good, healthy and well maintained condition?

 

[RRevak]

I have a feeling moms teeth were in bad shape to begin with if a piece of candy was able to break one entirely.

The dentist said an implant would be overkill because of the condition of her remaining teeth and advised against that option.

OP your mother isn't getting brand new teeth over this one. Consider it a job done to have the tooth removed entirely and leave it at that.

 

[captnwmkidd]

Your description does not necessarily mean it was defective in such a manner it could be considered defective in the liability issue. Without necessarily naming the candy if you do not wish to, what is the basic type of candy involved?

does she have all of her other teeth?

Candy is chocolate covered pretzels. The manufacturer admitted verbally over the phone to her the hardness was caused by extreme heat during manufacturing process. She has a majority of her teeth, but not all. Where the tooth was broken, the surrounding teeth are intact. The insurance company tried to say it may have been caused by being on the shelf too long. I reminded them what the manufacture had said about the heating process causing and they di not argue the point further.

 

[ecmst12]

If she is already missing other teeth, then it might be relevant which particular tooth it is and how the loss affects her ability to chew. If it's such that she will be fine without it, then she may not get the cost for the plate.

 

[RRevak]

If she is already missing other teeth, then it might be relevant which particular tooth it is and how the loss affects her ability to chew. If it's such that she will be fine without it, then she may not get the cost for the plate.

Am I the only one bothered by OP trying to get free dental work out of a company for a woman who already had nonexistent teeth to begin with?

 

[justalayman]

captnwmkidd;3165560]Candy is chocolate covered pretzels. The manufacturer admitted verbally over the phone to her the hardness was caused by extreme heat during manufacturing process.

then the pretzel was hard, like in overcooked? If so, if this comes down to court, she will likely lose

She has a majority of her teeth, but not all. Where the tooth was broken, the surrounding teeth are intact.

sop she is not losing something she has not already not lost previously and not replaced, right? Makes the claim worth somewhat less.

The insurance company tried to say it may have been caused by being on the shelf too long. I reminded them what the manufacture had said about the heating process causing and they di not argue the point further.

doesn't really make any difference. A pretzel can be very hard. That does not make them defective, necessarily, to the point it would create liability on the manufacturer.

 

[captnwmkidd]

Am I the only one bothered by OP trying to get free dental work out of a company for a woman who already had nonexistent teeth to begin with?

I am new here. With that being said, I find it offensive that you paint the picture of her being a person trying to get free dental work. She was damaged by a defective product. The company admitted as such. She is not a scam artist. My father provided for her very well. The question was asked if she has all of her teeth. My answer was no, but she has a majority of them and she has all the surrounding teeth in reference to the tooth in question. I am not here to defend her. I am here to ask for advise from people who have been in similar situations. I hope this doesn't turn into a smack talk session. I did not come here to argue with anyone. Especially ones that choose to be dismissive while doing so hidden behind a computer screen. With all due respect intended.

 

[TigerD]

OP: I'm terribly sorry because this is going to sound offensive at first.

First, you got the offer up about as high as I think you are going to.
Second, your mother's teeth aren't very good in the first place and she has negative life expectancy.
It just doesn't make sense to do a lot dental work on someone that isn't likely to live long enough to enjoy it. I don't mean this as an attack. I'm sure your mother is a great person and is well loved by everyone who knows her. But the insurance company doesn't know know here. And they don't care. For them, this is a pure dollars and cents matter.

If you think your mother can get more -- take it to an attorney. Otherwise, take the money and stick with chips.

DC

 

[justalayman]

The company admitted as such.

no, they didn't.


no they didn't and if this ever went to court, you can bet your shiny red shoes they will say: it is normal for a pretzel to be hard. It is notShe is not a scam artist. My father provided for her very well.

The question was asked if she has all of her teeth. My answer was no, but she has a majority of them and she has all the surrounding teeth in reference to the tooth in question.

then their argument is going to be: then why did that one tooth break if it had supporting teeth around it? as well, since she already is missing a tooth, it is the norm for her to not replace teeth she has lost. Requiring us to pay for something that she herself would not have had done, it is not equitable.

You also didn't speak to my question as to whether the remainder of her teeth are in good health and well maintained and if you have proof the broken tooth was in good health and well maintained.


while they appear to be willing to throw a couple bucks at this to make it go away, there will have a limit. If you want more than that, plan on answering all the questions I asked.

 

[Ohiogal]

Am I the only one bothered by OP trying to get free dental work out of a company for a woman who already had nonexistent teeth to begin with?

I am surprised that OP seems to be practicing law without a license by representing his mother in settlement negotiations -- and no one has said a word. But you are not the only one bothered by it.