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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Aibu to want some kind of compensation for dc?

70 replies

Penguinwantsababy · 21/05/2014 16:55

The other week we took our children to very well known coffee shop while waiting for our flight. We had a coffee, and children were given a cookie each.
Half way through eating one dc2 screams out in pain! Half of dc2s tooth had chipped off, front bottom one.
We logged it in store in incident book, manager gave us a refund for the items, And dc calmed down once we got on our flight.
Holiday wasn't ruined, but dc2 complained daily in pain, and got an ulcer from rubbing tongue on it, and couldn't eat ice creams or cold drinks.
I have taken him to the dentist, as it's a baby tooth it will come out anyway, so he wasn't in a rush to pull it out, but said to buy some sensitivity paste, which actually seems to be working as dc has had a nice lolly without pain at the weekend. Tooth isn't sharp etc, but is noticeably damaged.
I have complained to the company, so far nothing has been offered... But they want to speak about it in depth.
Should I make a claim? I hate people that do it over stupid things but now I am wondering whether or not we should. Am I just being one of those stupid people who wants compensation (for dc - would go in savings account) and is being greedy?
All 3 biscuits purchased were rock solid, so not one of a bad batch, and shockingly it was 4 months in date! I have suggested they remove the biscuits from sale to prevent it happening to someone else's poor child -but after visiting one store since, they have not.

OP posts:
JonesRipley · 21/05/2014 17:10

Then you'll get treatment on the NHS, surely?

justmuddlingalong · 21/05/2014 17:10

Did your other Dc suffer any dental mishaps eating their biscuit?

Penguinwantsababy · 21/05/2014 17:11

It was a gingerbread animal cookie - so aimed at young children.

OP posts:
Penguinwantsababy · 21/05/2014 17:11

Ok, thank you for your responses.

OP posts:
ICanSeeTheSun · 21/05/2014 17:12

The fact the dentist has said it's a baby tooth that is likely to come out soon, from a legal point of view the tooth is deterring any way. The roots weaken and the tooth isn't as strong.

Do you have proof of purchase and refund.

JonesRipley · 21/05/2014 17:12

Ah OK. I don't go in coffee shops - hate them.

gamerchick · 21/05/2014 17:12

You don't sue for something like that.. honestly man!

rustnmarty · 21/05/2014 17:12

So no costs incurred, no lasting damage, no longer in pain ?

What are you actually claiming for ??

Yabu

FreeSpirit89 · 21/05/2014 17:13

YABU - it can and does happen to lots of people on a daily basis.

defineme · 21/05/2014 17:14

Was it those biscotti things-they are meant to be like rock I think.
I chipped a tooth on pasta the other day. YABU but I would hope the company would offer a voucher as a good will gesture.

Penguinwantsababy · 21/05/2014 17:14

Dentist didn't say it was due to come out - just that it is a baby tooth, so not an adult - for life tooth.
Not to worry, I won't bother pursuing it.

OP posts:
ElizaDolittle2 · 21/05/2014 17:15

Sorry but this compensation culture really winds me up.

I recently had surgery which went significantly wrong. People keep asking if I am going for compensation... I'd not even thought about it.

PleaseJustShootMeNow · 21/05/2014 17:17

To claim compensation you need to prove 2 things. Firstly that the company were negligent ie they knew there was an unreasonable risk but ignored it. Secondly that your dc suffered a loss as a result of that negligence. As far as I'm aware under UK law you can only claim the value of that loss.

KaFayOLay · 21/05/2014 17:17

YABVU.

If you're thinking you'll make a fast buck out of this, you won't!

Any monies awarded to your ds will be held in court funds until he is 18.

Absolutely ridiculous, baby teeth can and do snap on any harder food stuffs.

Sirzy · 21/05/2014 17:17

of course shop purchased gingerbread men will be hard. That type of gingerbread is hard.

There was nothing wrong with the product, it was just an unfortunate accident.

BellaVita · 21/05/2014 17:19

I agree with Sirzy, shop bought Gingerbread men are always hard.

GarlicMayonnaise · 21/05/2014 17:21

Oof, Eliza, very sorry to hear about that.

Penguins, you need to think about what the company's lawyers would say in defence. Presumably the biscuits were meant to be hard and, as others have pointed out, teeth can break for any number of reasons. If you want to spend more on a legal battle than the cost of the dentist's visit (£0?) go ahead, but it sounds a waste of energy to me. Glad DS is back to enjoying ice lollies!

Penguinwantsababy · 21/05/2014 17:21

Sirzy it was rock solid, not just "hard" I mean rock solid. Literally like a brick.
I will respond to their communication, but leave it at that. Thanks for your responses.

OP posts:
GemmaTeller · 21/05/2014 17:22

YABU

DSD lost a tooth eating some stupid chewy sweet, no one ever thought to try and claim off the sweet company.

BellaVita · 21/05/2014 17:23

Eliza, that happened with DH last year. Never crossed our mind to claim for compensation.

DeWee · 21/05/2014 17:23

If it was so hard as to be faulty how come they got half way through before it was a problem?

We found what looked like a piece of rough glass (turned out to be a mineral) in a cereal dh was eating. We sent it back to them and got 8 in vouchers as a thank you. If that is the "compensation" you want, then okay, that's not unreasonable. If you're looking for a money reward very unreasonable.

PleaseJustShootMeNow · 21/05/2014 17:24

I think the company's lawyers would say 'But you tried one yourself, you thought they were too hard and dangerous but you let your child eat it anyway, why should the company be held responsible for your choice?'

Penguinwantsababy · 21/05/2014 17:24

I don't want money from it for myself kafayolay if it had of been pursuable it would have been all for dc, I'm not into ripping off my own children.

OP posts:
Sirzy · 21/05/2014 17:25

Gingerbread is always rock solid from a shop (unless it has gone stale) I really can't see your problem with that. DS doesn't like gingerbread for just that reason.

OwlCapone · 21/05/2014 17:25

Just ripping off coffee shops.

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