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Tooth Implant Catastrophe


Last Lion
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On 10/19/2023 at 7:09 AM, Coral said:

I just looked at my Allianz policy and it says: 

Dental Care maximum sublimit - $500.00

 

You may want to look at your policy as I know they have multiple policies.

Oh snap! I could've billed my travel insurance for my deductible?? Oh well. 🤑

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@Last Lion

if you feel or a maritime attorney thinks you have a case, go for it.

There is definitely one in California, maybe many???

 I don’t have the name, but a friend had an incident on a cruise ship and used a maritime attorney and was rewarded. Never had to go to California. Not sure if one needs to be a USA citizen.

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Jeez this thread has turned into a dental procedure forum!

 

There seems to be an interest in my predicament so I will provide a brief update.

 

The input I have received from sources:

 

 -Maritime law does apply despite the incident occurring alongside in San Fran.

 

-Having said that because it is a physical injury it is eligible to be determined in small claims court (in LA only IAW the cruise contract). Maritime law has been litigated in various small claims courts.

 

-Small claims court is designed to alleviate the overall court system for simple yes/no cases. That is why lawyers cannot be present in the courtroom from either side.

 

Bluntly, I am pursuing this because one of my key tenets in life is you don’t get what you don’t work for.

 

 

 

 

 

 

 

 

 

 

 

 

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3 hours ago, Last Lion said:

 

 

Bluntly, I am pursuing this because one of my key tenets in life is you don’t get what you don’t work for.

 

What if it costs you more than you get? 

 

Given the limitations of small claims, you don't have much of a buffer for pain  and suffering.

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13 minutes ago, Steelers36 said:

Maybe all he wants is recompense for costs and not out to punish Princesa.

Would be reasonable, but in the original post

 

"What should I expect from Princess going forward? At the very least I expect them to pay for the new implant plus a FCC for the aggravation of going through this long procedure again "

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On 10/18/2023 at 2:00 PM, Last Lion said:

 

The question seems to be is it reasonable to expect an olive pit in a lobster cake.

An olive pit in a Greek salad? Yes. Fish bones in fish? Yes. 
 

 

I think that because olives are stated in the menu’s description of the dish & that will get Princess off the hook for being 100% negligent - a judge might say that knowing about the olives you should have been more careful - have you asked a lawyer’s opinion?

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28 minutes ago, BlerkOne said:

Would be reasonable, but in the original post

 

"What should I expect from Princess going forward? At the very least I expect them to pay for the new implant plus a FCC for the aggravation of going through this long procedure again "

There were olives on the plate if this was in the Crown Grill. Possibly an olive mixture as I’ve never seen individual olives on a plated meat, but who knows. 

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7 minutes ago, Traveller1212 said:

I think that because olives are stated in the menu’s description of the dish & that will get Princess off the hook for being 100% negligent - a judge might say that knowing about the olives you should have been more careful - have you asked a lawyer’s opinion?

Dental work isn't guaranteed to last forever. Even if Princess were to somehow be found responsible, I would think much like auto tires, compensation would be limited to normal wear and tear excepted.

 

And who knows? Maybe the implant had already been damaged/cracked/whatever prior to olivegate but after the last dentist visit.

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13 hours ago, arizonaperson said:

@Last Lion

if you feel or a maritime attorney thinks you have a case, go for it.

There is definitely one in California, maybe many???

 I don’t have the name, but a friend had an incident on a cruise ship and used a maritime attorney and was rewarded. Never had to go to California. Not sure if one needs to be a USA citizen.

 

The OP seems to think they can get this resolved quickly in a small claims court.  I really doubt that will happen and I am pretty sure they will get nothing from CCL.  Again, people rarely ever win a suit against a cruise line in the US even when they have major injuries that people witnessed happening on a cruise line,  like a slip and fall and broken leg, for example.  Hope they get back to us in a year and a half or longer and let us know how it turned out for them.

Edited by Princessfan20
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26 minutes ago, Princessfan20 said:

 

The OP seems to think they can get this resolved quickly in a small claims court.  I really doubt that will happen and I am pretty sure they will get nothing from CCL.  Again, people rarely ever win a suit against a cruise line in the US even when they have major injuries that people witnessed happening on a cruise line,  like a slip and fall and broken leg, for example.  Hope they get back to us in a year and a half or longer and let us know how it turned out for them.

I tend to agree his efforts will be a lengthy exercise in futility and will most likely be abandoned.

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Hate to say it, but you will probably need to file a lawsuit.  Just remember, that Princess/CCL is not the enemy or foe.  They will have no say in you getting compensation or not, that now falls to the insurance company. 

 

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7 hours ago, Princessfan20 said:

 

The OP seems to think they can get this resolved quickly in a small claims court.  I really doubt that will happen and I am pretty sure they will get nothing from CCL.  Again, people rarely ever win a suit against a cruise line in the US even when they have major injuries that people witnessed happening on a cruise line,  like a slip and fall and broken leg, for example.  Hope they get back to us in a year and a half or longer and let us know how it turned out for them.

 You might be surprised how many people win a suit and are compensated. Like I said , I had a friend that had an incident on a cruise ship and filed suit with a Maritime attorney and never had to go to court , never  had to go to California-everything was done on the phone or video chat and was offered a settlement and took it.  Yes it took a while to do everything, but if one feels that they need to be compensated or the cruise ship was negligent,they should talk to a maritime lawyer to see if they have a case.I don’t know anything about the small claims court portion ,that’s not what she filed.

  Also really doesn’t matter what our feelings are on any of this, Op/ author needs to do what they feel is necessary and legal.(  Op lives in Canada and I believe is a Canadian citizen )  have no idea if it matters on citizenship if you can file suit or not. And I’m sure no one else will know what the statistics are at how many cases that are filed and how many won. 

 My best to the OP as they navigate their way around their incident .

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I'd be interested in any updates re: any reimbursements, etc. It's hard to say what will happen in small claims court but if it's in Los Angeles, you can expect the court to be sympathetic to the plaintiff and not the corporation. I'd be surprised if it goes that far. I suspect the OP and Princess will resolve this amicably before any legal action is taken. 

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15 hours ago, ChutChut said:

I'd be interested in any updates re: any reimbursements, etc. It's hard to say what will happen in small claims court but if it's in Los Angeles, you can expect the court to be sympathetic to the plaintiff and not the corporation. I'd be surprised if it goes that far. I suspect the OP and Princess will resolve this amicably before any legal action is taken. 

I think that Princess will offer the OP a very nice FCC/OBC package.  I would take it and forget about small claims court.  That’s just me.

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39 minutes ago, packedandready said:

Another thing Princess, lawyers, juries, etc would look at is bone health. OP stated that the bone cracked. If OP has osteoporosis, osteopenia or any other condition that weakens the bones then most anything might crack it. 

Sure but why was an olive pit in a lobster cake? 

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19 hours ago, arizonaperson said:

 You might be surprised how many people win a suit and are compensated. Like I said , I had a friend that had an incident on a cruise ship and filed suit with a Maritime attorney and never had to go to court , never  had to go to California-everything was done on the phone or video chat and was offered a settlement and took it.  Yes it took a while to do everything, but if one feels that they need to be compensated or the cruise ship was negligent,they should talk to a maritime lawyer to see if they have a case.I don’t know anything about the small claims court portion ,that’s not what she filed.

  Also really doesn’t matter what our feelings are on any of this, Op/ author needs to do what they feel is necessary and legal.(  Op lives in Canada and I believe is a Canadian citizen )  have no idea if it matters on citizenship if you can file suit or not. And I’m sure no one else will know what the statistics are at how many cases that are filed and how many won. 

 My best to the OP as they navigate their way around their incident .

Just out of curiosity....what kind of injury did your friend incur ?

Might it have been something that seems a bit more obvious for negligence than a tooth  problem ?

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1 hour ago, packedandready said:

Another thing Princess, lawyers, juries, etc would look at is bone health. OP stated that the bone cracked. If OP has osteoporosis, osteopenia or any other condition that weakens the bones then most anything might crack it. 

Yes and no.  In most cases, the bone in the jaw has enough density to withstand a titanium post and artificial tooth, even with the presence of osteoporosis. The OP has had the implant for six years, so unlikely the crack was caused by lack of bone density. 

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