Legal Question in Personal Injury in California

personal injury

Is a bakery liable when a person has the loss of a tooth when they bite into a rock in the bread they just bought?


Asked on 4/02/07, 7:14 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: personal injury

Yes, a bakery is liable for non-naturally occuring substances found in your food that injure you. The claim is known as a "breach of warranty" since, under the Uniform Commercial Code, the sale of food or drink carries an implied "warranty of merchantability." Please consult a lawyer without delay, and watch out for legal time limits. Save the rock, the loaf (freeze it), the bag, and the receipt. Don't talk to anybody about the case until you've consulted a lawyer.

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Answered on 5/10/07, 6:53 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: personal injury

Probably, but it would depend on more facts. Make sure you save the bread and the rock, as well as the tooth. Get an estimate from a dentist on replacing the tooth and see how long the replacement will list. You should then consult with an attorney.

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Answered on 5/10/07, 10:25 pm


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