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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27282
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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What can I do to increase my chances of winning if the courts

Customer Question

What can I do to increase my chances of winning if the courts decision favors the defendant? I sued a company that makes nuts and I purchased them and it cracked my tooth, the nuts were hard as a brick and I spit the evidence out because at the time I wasn't thinking of suing but to remove it out my mouth. I had the tooth repaired but the dr recommended I get a root canal. I don't believe I should have to pay for a companies product that wasn't even edible and that damaged my tooth. Nuts/almonds are supposed to easily be bitten into NOT damage a tooth and it was never even ''crunched'' it was solid and what I was chewing was my own tooth when I spit it out the 'butter tophee peanuts that look like tophee popcorn was still intact but my tooth wasn't.
There was no warning signs on the bags about the peanuts being hard or expiration date.
The company brought in their own lawyer and handed the magistrate case law on food claims. I have no evidence if there was anything else in the product besides the nut or if it was a defect or just a old stale product. The only thing I could find was a recall for salmonella but nothing that showed peanuts being contaminated with anything else making the nuts EXTREMELY hard or parts that shouldn't be there.
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Good morning. Have you considered asking your dentist to testify about this ?
Customer: replied 1 year ago.
No because it's small claims court and I'm only suing for the repair cost. I doubt he would take time away from the job to testify on my behalf. even though he is aware of what the problem was and has all my past medical. Plus we already went before the magistrate but he is turning it over to the actual judge for review and he said if any party disagrees that we can rebut it. I know they say a foreign object has to be found, but I don't understand how a company can't be held liable for a product that wasn't edible. I couldn't find any case law. So is my case weak as far as far law goes?
Customer: replied 1 year ago.
I could not find any case law to help my case.The defendant entered case law to help the company but does that really excuse them from the damage.
Expert:  LegalKnowledge replied 1 year ago.
I am sorry to say but yes. The reason for it is that right now, it is simply an allegation. You need evidence or proof to show that the injury was a direct result of the product consumed and an expert who could testify may be able to support that position. Moreover, it would need to be shown that the nut actually caused this and there was nothing foreseeable about this possible happening that should have placed you on notice to exercise caution or be careful.
Customer: replied 1 year ago.
The bags had no warning and I eat nuts all the time almost daily for YEARS and never had an issue with breaking my tooth till this particular incident. I entered my dental bill and dr's information if they wanted to get in contact. I had a witness also that was present that saw when it happen and testified.So you are basically saying I'm wasting my time that I do not have a defense?
Expert:  LegalKnowledge replied 1 year ago.
The bill and doctors information will not be considered. The dentist would need to appear in person to testify. I am not saying you are wasting your time but the court is going to want to see evidence to show and support this was a direct result of the nut and something which would make the manufacturer liable. It is not that you have to have a defense is that you need to show they are liable and at fault as a result of the product which they put in the market
Customer: replied 1 year ago.
so I assume because I already had court for this then it is too late to have a dr enter testimony
Expert:  LegalKnowledge replied 1 year ago.
Yes. In addition, the dentist would likely charge you for their expert testimony and time away from the office so you want to be aware of the cost as well.