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steelerfan1971

Tunafish can with .75inch tooth

5 posts in this topic

I made a tuna sawdwich, took a bite and immeditatly felt like a lightning bolt in my mouth.

I spit it out, mostly blood.

A 3/4 inch fish tooth was jammed between my tooth and gums.

The picture is the largest piece, that was jammed in my gums. There was many other smaller bones/pieces, but I threw those out.

 

Ill never eat tuna again from anxiety and fear!

 

Is this something that is worth a lawsuit? (its foodclub tuna topco)

 

I saw that someone had a similar thing happen, and is suing for 100k. http://www.nydailynews.com/news/ex-cop-suing-bumble-bee-costco-bone-tuna-article-1.374969 

 

Anyone have any thoughts?

IMG_20180108_042824.jpg

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My thoughts are that even if you had cleaned this fish, you might have overlooked a bone, and one can expect to find a certain amount of bones in fish, cherry pits in cherry pie, etc.  Another thought I have is that you don't sound as if you suffered any physical injury, and the value of any mental anxiety you experienced would be difficult to calculate.  Your statement about never eating tuna again because of anxiety and fear sounds dramatic but silly.  You may be successful in finding an attorney to file suit on your behalf, but if I were on your jury you should not count on being awarded anything near $100,000.

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6 hours ago, steelerfan1971 said:

Is this something that is worth a lawsuit?

 

No.

 

 

6 hours ago, steelerfan1971 said:

I saw that someone had a similar thing happen, and is suing for 100k.

 

Folks file frivolous lawsuits all the time, and anyone can sue anyone for anything.  That someone filed a lawsuit doesn't mean it was a good decision to do so.  The lawsuit that was the subject of the link you provided was filed over eight years old.  I ran a quick google search and found no indication how the lawsuit was resolved.  My guess is that it was settled for nothing more than nuisance value.  Feel free to try and contact the plaintiff to see what happened.

 

 

6 hours ago, steelerfan1971 said:

Anyone have any thoughts?

 

Although you were "injured" in that the bone caused a laceration, you apparently have no legally cognizable damages.  You didn't incur any medical bills; you didn't lose any wages.  Maybe you could get a few hundred bucks for pain and suffering if you sued in small claims court.  That you claim to have developed tonnophobia as a result of this incident does not give you anything to sue for.

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As I see it, it may not be worth filing a lawsuit if you didn’t suffer serious physical injuries. But, if you were severely hurt and what happened to you had negatively affected your quality of life, then supporting evidence including medical records may be necessary to file suit.

 

It's also important to note that the plaintiff in the link you provided filed a lawsuit without legal representation since not a single lawyer he approached would take his case. However, feel free to consult a personal injury attorney to explore options that may apply to your situation. Good luck!

 

Please note that my answer is for informational purposes only and should not be treated as legal advice.

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On ‎1‎/‎8‎/‎2018 at 2:50 AM, steelerfan1971 said:

Is this something that is worth a lawsuit?

 

No, you haven't won the lawsuit lottery.

 

At best, a few hundred in go away money.

 

At worst, coupons for more tuna.

 

 

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