Q: Broke my filling while flossing. No warning on floss packaging about potential issue. Bough floss at walmart. case?
I was flossing and accidentally broke my filling. I used the floss as advertised. There is no warning on the flossing package of the possibility of breaking a filling. Is it worth sueing the floss company for not including a warning on their packaging to get them to put a warning on their packages? I bought the floss from Walmart. I'm located in california.
A: You have no cause of action.
A: People all over the country floss daily without having fillings pop out, so I would say it is much more likely that the filling was loose before you flossed. But, if you chose to sue, you would end up spending many thousands of dollars more than you would just getting a new filling -- and you would never be guaranteed winning the lawsuit. So, if you have money to spare and a year or more to litigate without a guarantee of winning, then I would say to go ahead and sue. Otherwise, I would just get a new filing and chalk it up to the fact that old fillings -- especially old silver fillings -- come lose over time.
1 user found this answer helpful
A:
Attorney King was very kind and thoughtful in her response.
The issue is causation. Can you prove that it was "but for" this event?
If so, you are good to go, then you need to prove damages, so, how
much did this cost? You get the picture. It's not likely to be a good experience
all around for you, unless you desire knowledge in how the system works
and you have all the time in the world to do it.
A: Please see my answer to your question that was double posted.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
