Compensation for injury to my tooth.

[lickthepony]

Looking for thoughts on this from people, please. I recently bought a food item and when I ate it I bit down on a stone that was in the pack with it that I hadn't noticed.

I have a hairline crack in my tooth, according to the dental x-ray I've had. Would you expect some compensation from the company who make the item? They've admitted that the stone was in the food from their factory and it shouldn't have been.

What sort of compensation would you expect for this, if any, please? I'm trying to work out if they're being fair towards me.

What are you wanting from them? They might agree to cover a repair to your tooth but they won't pay thousands in compensation (their legal department will expect you to prove the damage wasn't already there which won't be easy unless you had an x-ray the day before.....)

Just what it costs me to get treatment and to hopefully not have it happen to anybody else. It's hurting me and I'm cross that I'm going to have to have dental treatment through no fault of my own.

Stone as in fruit or a little rock? Is it the sort of food item where you could have reasonably expected there to be a (fruit) stone?
If they're savvy they won't give you anything and will wait for you to make a formal injury claim because anything else could be seen as an admission of guilt.

Stone as an actual stone like a small stone you'd get in no the earth. Not a fruit pip type stone.

Was it something like olives with possible stones in it or an actual foreign object like a small rock?
Does the packaging mention the possibility of stones? I’m fairly sure lots of things like olives or cherries put it on the packaging.
I’d suspect you’d have a fight on your hands to get much out of them.

And definitely not supposed to be in the product, which they've admitted.

Not sure how you can actually prove that the stone caused the damage to your tooth?

I had shell in mixed seafood from Waitrose cost me £200 to fix my tooth. My tooth would not of broke if it wasn't for the shell. Showed pics of the shell within the seafood and the bill of my filling. They gave me £30 gift card - however I certainly won't buy it again.

If there's a little rock, and they've admitted to it being in there, you've got them pretty much where you want them. What you get from them will probably depend on the size of the company. A small company may be willing to offer you compensation, a bigger company will be more aware of their insurance requirements and ask you to make a formal claim, and their insurers will deal for them.

Yes, I would ask for them to pay for the costs. I've worked in a department for a supermarket that deals with this.
Write a letter or email saying you wish to claim for the costs and they should process the reimbursement as they've admitted it shouldn't have been in the product. It's not like it was a fruit stone with a warning on the packaging

@manticlimactic0 your 'insider' perspective is interesting, thanks. Would you expect that I would have to pay for the dental treatment up front and then claim it back or would your company have given the costs in advance so that I could have the treatment safe in the knowledge that I had the money to pay for it, please? I'm wondering if I'll have to find the money up front and make what might be a long winded claim, or if they would pay my dentist direct, or if they might give me a sum to pay once the treatment was complete. I have an NHS dentist and it's a too-tier treatment of just over £300.

They are very unlikely to pay compensation but if you are persistent enough they could pay money towards treatment as a “goodwill gesture”. They will start by offering small amounts so you would have be prepared to keep fighting I imagine.

Does your home insurance have free legal cover? I used mine for a personal injury claim and got compensation.

Are you going to get a Maryland bridge? I had this fitted behind a tooth I cracked. It's totally invisible from the front, and it holds the tooth firm to prevent the crack spreading. It is the most conservative treatment as the tooth isn't crowned. Some dentists do specialise in them but they are not that common. It has worked out very well for me.

I think it depends on the product, if it's an item that has a disclaimer such as may contain shell/bones etc then even if they admit those items shouldn't be in there but were, you aren't likely to get compensation. Its a lot different to a product like Ice cream were it really should never be there under any circumstances. Then I think you would have reasonable grounds.

My DH works in the food industry, so will ask him in the morning, as it's his area (tech side) but would help knowing what the product is (no brand naming but if it was cereal bar for example).

Do you have in writing they’ve admitted liability?
If so I’d ask for dental treatment costs x 2 to allow for the stress it’s caused you, if you’d like it settled quickly.
You could try a no win no fee lawyer but might not get any more.

Apparently, if the company can prove it has taken reasonable precaution to prevent a stone in the food, i.e., filters on machines and followed SOPs, then you have no claim.

Also, proving that the item hasn't just been put in there for a compensation claim is another factor.

Though they have said the item shouldn't have been in the product, it doesn't make them liable, its just a standard response and it doesn't mean they are accepting blame.