Arlington, TX asked in Consumer Law, Personal Injury, Products Liability and Small Claims for California

Q: I pulled out a filling while using a flossing pick and following the directions on the back. Do I have a case?

While flossing my teeth with a flossing pick my floss got caught between my teeth on the way down on what I later found out was a piece of my tooth filling, there was no way of sliding the floss out since it's attached to the pick and when I pulled down to pull the pick out it broke and pulled a piece of my filling out causing me personal injury and damage. There is no warning on the product packaging, I didn't misuse the product, I was unaware of the risk and I dont know what I could have done differently in the situation. Do I have a plausable cause to sue and is it worth going thru the effort of sueing the store or the flossing pick brand to remove the product off the shelf or add a warning label? I don't believe the product is safe and I wasn't aware of the risk. There was no way of sliding the flosspick out thru the side like I would with regular floss if it got caught on something, the only way was down. I would have never used the product have I known the risks.

4 Lawyer Answers
William John Light
William John Light
Answered
  • Products Liability Lawyer
  • Riverside, CA
  • Licensed in California

A: Highly unlikely that you have a claim. Floss is obviously safe. It is used by hundreds of millions of people around the world without incident. Rather than blaming the floss, it's far more likely that your filling had broken down and was in a weakened state.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: The previous answer is most likely what happened. You could sue either but I don't think you would get any attorneys to help. Call some and discuss it if you feel strongly but if the first 3 tell you that they can't help then you most likely will have to do it on your own. You will need a lot of money because they will fight hard.

Peter N. Munsing
Peter N. Munsing
Answered
  • Products Liability Lawyer
  • Wyomissing, PA

A: For starters I assume you had your dentist repair the tooth. She or he can give you a note stating that the filling may have had a protrusion that was caught by the floss.

Send a copy of the bill for the repair plus the note to the dentist to the Risk Manager at the company that made the floss. Save the floss, the packaging, and if you have it the piece that came loose. However, your damages are likely to be limted to a modest amount plus the dental bills.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: i would be surprised if you could find anyone to take a case like this ON A CONTINGENCY....................

if you want to pay a lawyer on an hourly, you will find many who will get involved.

however, anyone can sue anyone for anything at any time from a legal standpoint

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.