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Informal Legal Advice?

A few months ago I ordered breakfast from the cafeteria at my work place. I bit into a sausage that had a tiny metal fragment and chipped my molar. A

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Old 01-18-2013, 04:15 PM   #1 (permalink)
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Default Informal Legal Advice?

A few months ago I ordered breakfast from the cafeteria at my work place. I bit into a sausage that had a tiny metal fragment and chipped my molar. A trip to the dentist fixed that, and I'm left with a bill.

I filed the claim with the cafeteria, which eventually brought me over to filing the claim with the actual distributor. I'm getting nothing out of this other than getting reimbursed. Since I lost a couple hours of work I would have to go through the effort of submitting proof and getting written documentation from my superior. I decided not to go through all that trouble.

To settle this claim and get reimbursed, I have to fill out this General Release form. In summary, the wording pretty much states that by signing this document I cannot hold them responsible for future damages.

What do you guys think?
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Old 01-18-2013, 05:26 PM   #2 (permalink)
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Yeah, do it


It's like if I get into an accident with you, and the damages are $1500, we settle, and I'll have you sign something saying that the $1500 I give you prevents me from suing me for you steering lock failure
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Old 01-18-2013, 06:03 PM   #3 (permalink)
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That would be a hard one. Basically if that filling needs to be replaced later due to failure, can be just due to time not actually the dentists fault, you cant file a new claim again for the new repair. You would be stuck paying for the repairs the rest of your life. Sometimes a fix wont ever go bad, sometimes with age and use it can. But in the end though, if it wasnt for the metal shaving, you wouldnt have had to go through this in the first place nor deal with it for the rest of your life.

So IMO I would be slightly worried about signing that. I would take the copy and ask an attorney for adivice on the plausibilty of adding in a stipulation stating that if any future repairs are needed that are not from a mistake or poor workmanship from the dentist, that it will still be covered by them, and if he or she deems that to be a legitamate request then send it back with the addition drafted by the attorney atteched for their review. I would probably also add in that at least 2-3 different opinions from different dentists on the reason of the failure be added to let the company know that you have their best intrests in mind and also yours. Then I would let them know if they dont agree to those terms that you will be proceeding with legal recourse in court. Who knows in 20 years that joker might need to be replaced or even worse a new tooth, not something that is cheap by any means.
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Old 01-18-2013, 06:29 PM   #4 (permalink)
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You always have to sign a legal release when you are receiving compensation for damages, so that's not unusual. Unless you feel like taking them to small claims court, you may as well sign and get it over with.
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Old 01-18-2013, 07:47 PM   #5 (permalink)
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Thanks. I wanted to hear your feedback in regards to the working of this document and risks. There isn't much I can do about my tooth. It was sensitive for several weeks making it difficult to enjoy cold beverages, and but it is better now.

I'll sign it and be done with it since it is not worth the trouble.
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