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product liability

Discussion in 'Accidents, Injuries, Negligence' started by Richard_Low, Nov 7, 2002.

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  1. Richard_Low

    Richard_Low Law Topic Starter New Member

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    I broke a tooth while eating a store offered rye bread sample in the store. reported it immediately. ended up costing me $2000 to repair damage. Nine trips to dentist and a root canal.
    Store( Wal-Mart) says it has no responsibilty ? anyone who has successfully litigated a similar claim please advise of results
    Believe NY law is if producted is used in the store it is their responsibilty.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    How did you break your tooth? Do you have something in the bread that caused the damage? What was it? If you don't have anything to show that the bread was "defective" as a product then you don't really have a case. If it was manufactured to be bread but your tooth gave way when a typical tooth would not, then Walmart would likely not seem liable due to your unusual sensitivity -- the bread was not "defective" as manufactured.
     

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