Legal Question in Personal Injury in Virginia

I bit into a crispy chicken sandwich from Wendy's and it broke my top molar in half. What can I do. This is painful and I don't have dental insurance. I have fragments and the sandwich and receipt.

Asked on 12/16/14, 8:56 am

2 Answers from Attorneys

Stephen B. Pershing Stephen B. Pershing, Esq.

Hello there--Ouch! do you know if there was something in the sandwich that wasn't supposed to be there? A piece of metal maybe, or other foreign object? If we can show Wendy's that their food is to blame, we might have something. If it was a fluke of your tooth breaking on an ordinary piece of chicken, I suspect we're out of luck against Wendy's. If the tooth that broke has itself been worked on, you might try going back to the dentist who did it for some advice or even a free or reduced-cost do-over. Feel free to call or write me if you'd like to bat it around some more. I'm an experienced lawyer admitted in Va. --Steve Pershing.

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Answered on 12/16/14, 9:16 am
Gary Mims Sickels, Frei & Mims

Did the fractured molar have a filling? If so, and if it was not a crown, then I think you will have an impossible case unless you can produce a foreign substance that caused the fracture.

If the tooth was healthy and had not been filled, you may still have a case without proof as to what actually caused the fracture. When Wendy's sold the sandwich it warranted the food was fit for consumption.

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Answered on 12/17/14, 4:09 am

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