Tooth Implant Catastrophe

[lx200gps]

49 minutes ago, Lady Arwen said:

Olives were on the menu for that dish as an accompaniment.  

 

 

[PrincessLuver]

49 minutes ago, lx200gps said:

 

 

 

It is really difficult to see how the cruise line is responsible if they listed what was in the course.  There are so many variables as to why the implant was damaged then or was it previously unknowingly damaged?

 

Usually the legal advise on injuries while eating are:

 

Personal injury cases involving restaurants and problems with food are fairly common. The restaurant has a high duty of care to its patrons and that duty includes serving food that is fit for consumption. If your injury was caused by something in the food that should not have been there, say a rock, metal or glass, the restaurant is most likely responsible. If it was not a foreign object and part of the course dish as listed on the menu then it is going to be difficult to  prove fault and possibly receive any compensation.

 

Hopefully, they reported the injury at the time, took pictures, had witnesses, got copies of medical records and kept the object that caused the broken tooth/Implant. They should also make sure that the dentist has the correct history concerning the cause of the injury.  Good luck?

Edited October 22, 2023 by PrincessLuver

[Level six]

4 hours 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. 

Also there are several medications that cause aggressive bone loss in the mouth.  If the person was on any of these, the implant probably would have failed soon anyway. 

Having been in dentistry for over 32 years, I can tell you, very few of these cases are ever won or compensated.  I have even testified on a few cases.  I highly doubt they will or should receive anything. 

[Lady Arwen]

34 minutes ago, Level six said:

Also there are several medications that cause aggressive bone loss in the mouth.  If the person was on any of these, the implant probably would have failed soon anyway. 

Having been in dentistry for over 32 years, I can tell you, very few of these cases are ever won or compensated.  I have even testified on a few cases.  I highly doubt they will or should receive anything. 

Corticosteroids, and others, can cause bone loss, but would have to be taken for a prolonged period of time and it becomes very obvious to the patient and the dental practitioner when bone loss is that severe.  I don’t believe the OP falls into this category.

[Steelers36]

I'm no dentist and I'm no lawyer, but I do occasionally stay at Holiday Inn Express. 

 

It has been quite clear that the olives are a garnish on the plate and one should not be expecting olive in the actual lobster cake.  The OP claimed a pit was in the cake.  Not clear to me if the OP encountered a full olive in the cake.  If it was a pit alone, it may as well have been a piece of glass or a stone.  Amazing to read all the discussion and opinions - I am interested to know the outcome.

[Coral]

When I was 16, I worked in fast food. If anyone ever said their tooth broke in the restaurant, we told them to send us a bill. Though I doubt anyone had implants back then or that we paid for an implant.

[DCThunder]

Any lawsuit would need to allege that the Princess galley staff was negligent in not making sure that there were no olive pits in the lobster cakes.  The OP says that the pit was in the lobster cake, not as a garnish as is described in the Crown Grill menu posted above so that becomes an element of the suit.

 

The simple Merriam-Webster definition of "negligence" is:  "failure to exercise the care that a reasonably prudent person would exercise in like circumstances."

The Blacks Law Dictionary definition of what would be required for a "negligence lawsuit" is at this link as it's too long to post:  What Is a Negligence Lawsuit | The Law Dictionary.  The TL;DR version is that there are four elements to the cause of action that must be met and it is questionable if the OP meets all four of them, at least based on the facts of the case as presented by him.

[Lady Arwen]

10 minutes ago, DCThunder said:

Any lawsuit would need to allege that the Princess galley staff was negligent in not making sure that there were no olive pits in the lobster cakes.  The OP says that the pit was in the lobster cake, not as a garnish as is described in the Crown Grill menu posted above so that becomes an element of the suit.

 

The simple Merriam-Webster definition of "negligence" is:  "failure to exercise the care that a reasonably prudent person would exercise in like circumstances."

The Blacks Law Dictionary definition of what would be required for a "negligence lawsuit" is at this link as it's too long to post:  What Is a Negligence Lawsuit | The Law Dictionary.  The TL;DR version is that there are four elements to the cause of action that must be met and it is questionable if the OP meets all four of them, at least based on the facts of the case as presented by him.

I believe the OP would need to prove that the olive pit was IN the lobster cake as opposed to being on the plate BESIDE the lobster cake.  This will be difficult to prove either way.  The issue is that the OP was aware of the presence of olives presented with this dish because it’s stated on the menu and should have been more diligent.  I wish him luck.  I’m sure Princess will offer him a generous settlement, just not $7000.00 in cash.  But, who knows?

[DCThunder]

8 minutes ago, Lady Arwen said:

I believe the OP would need to prove that the olive pit was IN the lobster cake as opposed to being on the plate BESIDE the lobster cake.  This will be difficult to prove either way.  The issue is that the OP was aware of the presence of olives presented with this dish because it’s stated on the menu and should have been more diligent.  I wish him luck.  I’m sure Princess will offer him a generous settlement, just not $7000.00 in cash.  But, who knows?

Exactly.  The location of the olive pit is the crux of the matter.  This would be an interesting fact pattern for a 1L Torts examination.

[Lady Arwen]

1 minute ago, DCThunder said:

Exactly.  The location of the olive pit is the crux of the matter.  This would be an interesting fact pattern for a 1L Torts examination.

lol, I’m a dentist not a lawyer, but that sounds right to me!

[TTEllis]

You all sound like a bunch of dentists and lawyers. I've never learned more about tooth implants in my life🙁.

How ridiculous can you get🙄.

Get your tooth fixed. Come down here to the US where we have great dentistry and pay cash $2K. Your provider will work out a payment plan with you. We love Canadians I do anyway.

Your all's healthcare up there blows!!

There's nothing that states you can't come down here and get timely appropriate and quality healthcare wherever your from. 

Good luck to you.🌟

 

[lx200gps]

FWIW, we at in the Crown Grill on the Discovery within a few days of the OP's incident, probably Oct 9, and had the offending Lobster Cake as well. To the best of our recollection, it was a lobster cake, surrounded by the tarragon foam, asparagus and a puree which tasted like olives, but no whole olives visible. Neither of us remember having an actual olive on the plate but an olive pit could have hidden in the puree. To the best of our recollection, it was pretty much like this:

 

[memoak]

You sign off on some many waivers when you book a cruise that I would doubt you could have any chance winning a case like lhis. 

[RD64]

Olivegate - love this thread - as it will never die.

[candy4040]

 

this thread needs to be turned off.

 

[lx200gps]

12 minutes ago, candy4040 said:

 

this thread needs to be turned off.

 

+1

[Steelers36]

Stick a toothpick in it.