Dental Injury from eating a pie

A client suffered a host of problems after crunching on a fragment of bone in a Holland’s pie and we were able to secure a £10,750 settlement for her.

Our client, in her 50’s was terrified of the dentist after a previous traumatic experience and this incident led to a repeat of her PTSD.  The fragment of bone found in the pie chipped her back tooth as she crunched on it and also loosened her front teeth.  After the incident she had to have the teeth removed and reinserted on a splint, this was obviously a very traumatic time for her.

Dental Injury Claims

Advising on the dental injury claim, Personal Injury Solicitor, Mike Talbot, said:

“A client may be eligible to claim compensation for dental injuries if they can prove that someone else's negligence caused the damage and that they suffered financially, physically, or psychologically as a result.”

To make a claim, you'll need to show that:

• The defendant owed you a duty of care
• They breached that duty through negligence
• Your teeth were damaged as a direct result of the accident

“In this case my client was able to show all of the above and what was a £3.30 snack led to a series of injuries, pain and suffering, expense and inconvenience for her and her husband.”

Consumer Protection Act 1987

The Consumer Protection Act 1987 gives people the right to claim compensation for injuries caused by defective products.

“The act states that manufacturers, importers, and suppliers are liable for damage caused by a product defect, in this case the large amount of bone in the pie was unacceptable,” added Mike Talbot.

If you're considering pursuing dental injury compensation, several factors will determine whether you have a valid claim and what compensation you might be entitled to:

1. Establishing Liability
   • Product Defect: If the food contained a foreign object or was otherwise defective (e.g., a bone in a product that should have been boneless), the manufacturer, retailer, or restaurant might be liable.
   • Negligence: You would need to prove that the party responsible for the food's preparation or packaging was negligent in their duty to ensure the product was safe to eat.
2. Types of Food and Expectation
   • Some foods are expected to have hard components (e.g., seeds in fruit, and bones in certain meats). If you chipped your tooth on something that is generally expected to be there, it might be more challenging to claim compensation.
   • If the hard object was unexpected (e.g., a piece of glass or stone in a processed food product), you have a stronger case, or as was the case here a large piece of bone.
3. Evidence
   • Medical Records: Documenting your dental injury is crucial. You should visit a dentist as soon as possible after the injury to get a professional assessment.
   • Product: Keep the remaining food, packaging, and any foreign object that caused the injury. Photos and receipts can also be helpful.
   • Witnesses: If there were any witnesses to the incident, their statements could support your claim.
4. Compensation Type
   • Dental Expenses: Costs associated with repairing your chipped tooth or any other dental treatment needed.
   • Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
   • Lost Wages: If you had to take time off work due to the injury.
   • Other Damages: In some cases, you may be entitled to compensation for any long-term effects or additional treatments required in the future. Our client here had to have CBT treatment and was also compensated for the travel and expenses for the hygienist appointments she had to have.

“Our clients kept all of the above evidence and took photographs of her injury, of the product involved, the packaging and any warning on the packaging, all of this was very helpful in her case,” said Mike.

How can we help?

Our personal injury team supports clients seeking compensation for all types of accidents and injuries. This case was handled on a No Win No Fee basis and if you would like further information please call 0161 785 3500 or email  enquiries@pearsonlegal.co.uk

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Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.