If I broke my tooth on an M and M candy could I sue them? 12 Answers as of July 09, 2015

I broke my tooth today on an M & M. I called the company to file a complaint and they want me to return the bag of candy and the object I broke my tooth on. I do not recognize the object - it is as hard as a rock though and definitely not a peanut. I would like to at least be compensated for having my tooth fixed. It is likely I will need a crown. Do I have a case?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
If it is a contaminant not associated with the product, you can sue. Example: a rock in a cherry pie. However if it is something associated with the product, you can't. Example, a cherry pit in a cherry pie.
Answer Applies to: Michigan
Replied: 7/9/2015
S. Joseph Schramm | Joseph Schramm
You might have a claim for being injured by a defective product. You should hold onto the candy bar by keeping it in the refrigerator and contact an attorney to help you. The Mars candy company should send a claims representative to you to inspect the candy bar because, once you return it, the M&M (and hence, the evidence) will probably disappear.
Answer Applies to: Pennsylvania
Replied: 7/9/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
Maybe; maybe not. You really need to be able to prove what it was you bit into. Good luck.
Answer Applies to: Alabama
Replied: 7/9/2015
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
If your tooth was otherwise healthy and a foreign object was in the candy, you have a claim not just against M & M but also against the store you bought them from. It will be for medical bills and pain and suffering.
Answer Applies to: Connecticut
Replied: 7/9/2015
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
Yes you do. Take picture and video before giving it to them.
Answer Applies to: Alabama
Replied: 7/9/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Very likely you do have a case. A crown generally cost about $1,300, at least in these parts. It's risky sendng the manufacturer the foreign object. Best to take enough photos to show the object from all sides and send them along. Keep in mind that you may have other grounds for damages, such as the pain which accompanies the dental repair, lost wages, and possibly others. You might want to consult a lawyerbut lawyers are unlikely to want to represent you on a contingency because the damages are rather small.
    Answer Applies to: Wisconsin
    Replied: 7/9/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Yes, you have a case, but before sending the object make sure you take pix, and (ideally) have it examined by an expert.
    Answer Applies to: California
    Replied: 7/9/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Pursuing a case will not be easy. I doubt any attorney will accept the case on a contingency fee basis because your damages are not great enough. Even if you need a crown and a root canal, the total will be less than $4000. Most food companies are suspicious of all broken tooth claims because a tooth can break for almost no reason at all if it is ready to break from prior wear and tear. There is way too much fraud associated with adulterated food injury claims so no one will believe you without very good proof that connects the rock to their piece of candy you claim broke your tooth. Get you tooth fixed. Take a good photo of the "nut" and send it to Mars Co. I doubt they will pay anything even if you send them the rock. They would just lose it and you would have no proof of anything. Does it have any chocolate or candy coating left on it? If so, preserve it. Don't clean it up.
    Answer Applies to: Montana
    Replied: 7/8/2015
    Gates' Law, PLLC | Thomas E. Gates
    You should be able to get them to pay for any dental work. Your damages are very limited and it is to small of a matter to sue in superior court. If they refuse to pay, taken them to small claims.
    Answer Applies to: Washington
    Replied: 7/8/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You may well have a case if you can prove that there was some form of foreign or hard object either provided to you in the Eminem's bag or encapsulated in one of the candies. If you cannot prove that you will most probably not be able to successfully claim compensation for your damages. I would suggest that you at least confer with an attorney and then see what you can do with the company.
    Answer Applies to: Michigan
    Replied: 7/8/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Yes, but you will have to return the package with the object. Before you do, document it in every way possible: weigh it, measure it, take photos from every possible angle. Take pictures of it sitting on a quarter. Take pictures on it sitting on a piece of graph paper. Show it to your dentist. Show it to some potentially independent person. Photograph the bag as well, and especially make sure that all the numbers are in focus. When you do send it, make sure that it is certified, return receipt requested.
    Answer Applies to: New York
    Replied: 7/8/2015
    End, Hierseman & Crain, LLC | J. Michael End
    Yes, you have a case. I think you should contact a personal injury lawyer to help you get the amount of compensation you deserve.
    Answer Applies to: Wisconsin
    Replied: 7/8/2015
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